ARASHDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner took the P.M.T. for admission to B.A.M.S. (Ayurvedacharya) on July 22, 1996. She came out successful in that test and was placed at rank No. 7125. Fourth respondent who took the test was ranked 7005. Fourth respondent was admitted to the course in Shri Laxmi Narain Ayurvedic College, Goswami Tulsi Dass Marg, the third respondent. Petitioner challenges the admission given to the fourth respondent on the ground that she was not entitled to the benefit of reservation as a member of the scheduled caste community.

(2.) Third respondent filed a detailed written statement. He has taken a preliminary objection that the third respondent is an unaided private educational institution though it is affiliated to the Guru Nanak Dev University, Amritsar. P.M.T. examination does not govern admission of students in that institution, but to maintain efficiency and standard of education, they are admitting candidates on the basis of the merit in P.M.T. They are not bound by the terms and conditions for admission applicable to Government colleges. They are inviting applications for admission to B.A.M.S. Course. Out of 50 seats; 25 seats are free seats; twenty are payment seats and five seats are reserved for N.R.Is/foreign students. Out of 25 free seats, 25 per cent are reserved for Scheduled Castes and Scheduled Tribes and 25 per cent are reserved for other reserved categories. Petitioner as well as fourth respondent applied for admission against seats reserved for Scheduled Castes/Scheduled Tribes category. Respondent No. 4 having secured higher rank in the P.M.T. was preferred to the petitioner who secured lesser marks. Petitioner was wait-listed at serial number 1.

(3.) Petitioner applied for admission to the Course claiming benefit of reservation as a member of the Scheduled Caste. Fourth respondent also applied to the third respondent for admission claiming the benefit of reservation, as was done by the petitioner. They competed for the seat reserved for Scheduled Castes/Scheduled Tribes. In P.M.T. examination, fourth respondent secured 99 marks and was ranked 7005 while petitioner obtained 93 marks and was ranked 7125. Thus on the basis of the merit, fourth respondent is ranking higher.