KAVITA Vs. DAYA NAND MEDICAL COLLEGE AND HOSPITAL

JUDGEMENT

(1.) A Full Bench of this Court in Gurpreet Singh v. Panjab University, A. I. R. 1983 Punjab and Haryana 70, had taken the view that no writ petition is maintainable against. Dayanand Medical College and Hospital, Ludhiana. In view of this judgment, Civil Writ Petition No. 5391 of 1989, Dr. Vandana Setia v. The Dayanand Medical College and Hospital, Ludhiana was dismissed. Against the said judgment of this court, Dr. Vandana Setia went to the Supreme Court where the order of this Court was reversed and the petitioner was directed to be admitted to the M. D. Course Radio Diagnosis. When the Writ Petition came up for motion hearing on July 24, 1989, the Division Bench found that the Full Bench decision of this court was not approved by the Supreme Court, though formally, in so many words, it has not been upset. The Motion Bench observed that in view of Dr. Vandana Setia's case the matter was open. Therefore, the petition was admitted to a Full Bench to reconsider Gurpreet Singh's case (supra ). The manning of the Full Bench and its size was left to the pleasure of the Chief Justice.

(2.) WHEN this writ petition came up before Full Bench, it was ordered to be heard by a larger Bench of five Judges alongwith other connected cases. Somehow, this writ petition could not be tagged with the other connected cases. However, the correctness of Gurpreet Singh's case (supra) was reconsidered by a Full Bench of this Court in Miss Ravneet Kaur v. The Christian Medical College, Ludhiana, (1997-2)116 Punjab Law Reporter Page 320. The controversy before the Full Bench was whether a Writ Petition lies against a Private Medical College affiliated to a University or not. The Full Bench held that a Writ Petition lies against it. Since the controversy involved in the present case is squarely covered by the ratio of Full Bench in Miss Ravneet Kaur's case, it is held that Dayanand Medical College and Hospital, Ludhiana is amenable to writ jurisdiction.