LAWS(P&H)-1996-5-244

ASHOK KUMAR Vs. STATE OF HARYANA AND OTHERS

Decided On May 22, 1996
JAGBIR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The writ petitioner filed this writ petition seeking direction to the Authorities to admit him in M.S. (Genl. Surgery) under supports quota.

(2.) The Government of Punjab issued a notification in the year 1962 reserved 2 per cent of seats in the Medical Colleges including Post-graduate Courses under sports quota. The petitioner applied for admission in the Discipline of M.S. General Surgery and he was also interviewed but he was not given admission on the ground that the reservation under sports quota was not applicable to Post-graduate Courses. Therefore, he approached this court seeking a direction to admit him to M.S. General Surgery as there was no other candidate under that category lor admission into the speciality in M.S. General Surgery.

(3.) Another person namely Dr. Ashutosh Kaushal who is also similarly placed, filed civil writ petition No.4119 of 1989 claiming admission into M.S. Course under sports quota in this Court. The said writ petition was heard by a Single Judge of this court and the said writ petition was allowed by an order of this Court dated 31.5.1989. The State of Punjab preferred letters Patent Appeal No.l410 of 1989 which was dismissed on 12.7.1989. Thus Dr, Ashutosh Kaushal got admission in M.S. Surgery under sports quota and completed his course. The petitioner also filed this petition in the year 1989 and by an interim order dated 6.11.1989, this Court directed the petitioner to be granted provisional admission in M.S. (General Surgery) Classes in Government Medical College, Patiala. In pursuance of the interim order issued by this Court, the petitioner was also admitted in M.S. (General Surgery) Course in the Govt. Medical College, Patiala. It is also an admilled fact that the petitioner completed his course by now in M.S. (General Surgery). The result of the petitioner in regard to Part-1 was declared and he was successful but the result of Part-II examination has been withheld by the Punjabi University on the ground that there was no specific direction from the Court. The petitioner filed C.M. No.6069 of 1995 for a direction to declare the result of the petitioner in Part-II examination. This application was filed on 31.5.1995. In that application, a direction was given on 10.7,1995 to post the main case for hearing.