SIMRAN DHILLON Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner seeks quashing of the notification dated 10.06.2016 (Annexure P-11) issued by respondent No.1 whereby the condition of passing 10+1 examination from State of Punjab has been added being the offending provision. On account of not having the requisite qualification, having studied 10+1 from outside the State of Punjab, the petitioner is not liable to be considered for the 85% reserved Punjab Quota seats in Medical Examination of PMET 2016 in the under-graduate degree course of MBBS/BDS for the session 2016-17.

(2.) The pleaded facts of the case is that petitioner was born in the State of Punjab at Abohar in District Fazilka on 20.12.1998. She passed her class 10th examination from Rose Mary Convent School, Baluana, Bathinda, Punjab under CBSE Board in the year 2014 (Annexure P-2). Due to unavoidable circumstances, she went to Dehradun for doing her 10+1 from ECOLE Globle International Girls School. In the year 2014, there was no such eligibility condition in the State of Punjab of having studied/passed 10+1 examination from the State of Punjab for being considered eligible toward the entrance test in the Medical Stream which was being conducted after 10+2 examination for under-graduate degree courses. She shifted back for further studies to the State of Punjab and passed 10+2 examination in medical stream from the same school i.e. Rose Mary Convent School, Baluana, Bathinda with more than 95% marks and the result of Senior School Certificate is appended as Annexure P/5, passed in the said year 2016.

(3.) The prospectus for PMET 2016 was issued in the month of April, 2016 which provides that both 10+1 and 10+2 examination have to be done from the recognised school situated in the State of Punjab. Though she did not have the requisite qualification of 10+1 class from Punjab, officials told her to apply for the test as keeping in view the previous years, corrigendum was likely to be issued. It was also informed to her that compliance of the said condition was to be taken into consideration only at the time of counselling. There was also a dispute regarding the issue of holding of the National Eligibility Test (NEET) or the PMET examination. Accordingly, she appeared in the PMET 2106 on 11.6.2016 and secured merit rank 264 (Annexure P/8). The result was declared on 22.06.2016, in which she got total percentile 98.2857926. On her visit to the office of respondent No.2- University where counselling was to be held, she was told that her candidature toward admission/counselling in the Punjab Quota seats would not be considered at all, since she had not passed the 10+1 examination from the State of Punjab.