TEJASWINI SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, Tejaswini Sidhu, has approached this court challenging the selection/admission granted to Abinav Mutneja (arrayed as respondent No. 9 and 10 in the present petition) in M.B.B.S. Course in NRI Category 'B' (NRI sponsored candidate category) in Christian Medical College and Hospital, Ludhiana. A further prayer has been made for issuance of direction to the aforesaid college for selecting and admitting the petitioner in the said Course in the said NRI Category 'B'. The aforesaid challenge has been made by the petitioner with the averments that she has better merit than respondent, Abinav Mutneja. A direction has also been sought against Baba Farid University of Health Sciences not to recognise the admission of Abinav Mutneja and not to register the aforesaid admission but on grant of admission recognise the admission of the petitioner in the said Course.

(2.) It has been averred by the petitioner that she passed her Senior Secondary examination securing 91.06% marks as per the detailed mark sheet dated May 23, 2006 from Central Board of Secondary Education. The petitioner thereafter sought admission in Christian Medical College and Hospital, Ludhiana,respondent No. 3, in NRI sponsored category. It has been claimed by her that for the aforesaid purpose she obtained the requisite eligibility certificate from Baba Farid University of Health Science, respondent No. 6. The petitioner claims to have submitted her application form on the prescribed proforma, as available in the prospectus 2006, for admission to M.B.B.S. 2006 Course against NRI Category. Since the petitioner was seeking admission in NRI Category, therefore, she was not required to take any entrance test. As per prospectus, admission against NRI Category to MBBS Course in the College was to be made on the basis of the merit obtained by an applicant in 10+2 or equivalent examination. The only eligibility required for applicant seeking admission to MBBS course was that he or she must have obtained not less than 50% marks in English and 50% marks in Physics, Chemistry and Biology together. The petitioner claims that she was duly eligible as per the aforesaid eligibility conditions.

(3.) According to the petitioner, the applicants in NRI category seeking admission to the Christian Medical College and Hospital, Ludhiana were bifurcated into two categories i.e. 'A' and 'B'. The candidates in category 'A' were such applicants who are actually NRIs, whereas candidates who were sponsored by NRIs were to be placed in category 'B'. The college had prepared the merit list on the basis of the marks of the candidates obtained in 10+2 or equivalent examination. According to the petitioner in category 'A', 19 candidates were listed. The first candidate in the merit list was having 94.41% marks whereas the last candidate in category 'A' was having 57.66% marks. 12 candidates were indicated in category 'B'. The petitioner was placed at serial No. 1 in category 'B' and was shown to have obtained 90% marks whereas the last candidate listed in the said category was shown to be having 58% marks. The total seats available in NRI category ('A' and 'B') were only 7. It was stipulated that in case 7 eligible candidates from category 'A' were not available, then the candidates from category 'B' were to be considered.