RAVNEET KAUR Vs. CHRISTIAN MEDICAL COLLEGE LUDHIANA

JUDGEMENT

(1.) Is a writ petition maintainable against an un-aided private Medical College which is affiliated to a University? A Full Bench of this Court considered this matter in Gurpreet Singh v. Panjab University, Chandigarh, AIR 1983 Punj and Har 70. It answered the question in the negative. The correctness of this view was doubted by V. K. Bali, J. while considering the case of Dr. Vandna Midha v. Panjab University, Chandigarh (Civil Writ Petition No. 6020 of 1993). The matter was referred to a larger Bench of five Judges. Before the reference could be answered, the present writ petition was listed for preliminary hearing before a Division Bench. It directed the issue of notice of motion to the respondents- the Christian Medical College, Ludhiana and its Principal. The respondents appeared and raised a preliminary objection regarding the maintainability of the writ petition. The Bench, consequently, directed that "the matter be placed before Hon'ble the Chief Justice for consituting a larger Bench at an early date." It was placed before a Bench of three Judges. Keeping in view the fact that the issue had been referred to a Full Bench of five Judges in Dr. Midha's case and the correctness of the view taken by the Full Bench in Gurpreet Singh's case was to be examined, it was directed that this matter be placed before a Bench of five Judges. Consequently, the case has been placed before this Bench. The facts may be briefly noticed.

(2.) The petitioner Miss Ravneet Kaur, ostensibly a Sikh, claims to be convert to Charistianity. She applied for admission to the MBBS course at the Christian Medical College, Ludhiana against one of the seats reserved for the "candidates who are Christians, Indian Nationals and officially sponsored by a Church or a Mission. . . . . . . . " It is alleged that the application was sponsored by the Bishop of Amritsar vide his letter dated June 12, 1996. A copy of this letter has been produced as Annexure P-1. The petitioner appeared in the written test. Vide letter dated July 17, 1996, the petitioner was informed that she had been "provisionally selected for the MBBS course, 1996. . . . . . . . ." She was asked to report to the office on July 29, 1996. She was also asked to produce various certificates including the "Baptism Certificate." On July 25, 1996, the petitioner was called upon to produce certain additional documents including the "sponsorship letter along with a photo copy of the sponsorship agreement/bond." Along with this letter, the respondents had forwarded a copy of the letter dated July 20, 1996 which indicated that "the petitioner had not enclosed her sponsorship letter from an authorised person of Diocese of Amritsar i.e. Rev. C. M. Khanna." It was also stated that the petitioner's selection was provisional and subject to the production of relevant certificates in original. The petitioner avers that she met Rev. C. M. Khanna at Jammu on July 27, 1996. He informed her that his "power of sponsorship etc." had expired on May 13, 1996. When the petitioner reached Amritsar, she was informed that the Bishop had gone out of station and would not be available for a week or 10 days. The petitioner conveyed this information to the respondents through a telegram. On July 29, 1996, the petitioner appeared before a committee constituted by the respondents. She narrated the factual position and requested that the letter dated June 12, 1996 produced by her be treated as a valid sponsorship. The respondents did not accept her request. The petitioner alleges that the respondents are taking a hyper-technical view and have, thus, denied her admission to the MBBS Course. The petitioner prays that the respondents be directed to admit her to the MBBS Course for the year 1996.

(3.) The respondents contest the petitioner's claim. They question the maintainability of the writ petition. It has been stated by way of a preliminary objection that the Christian Medical College is a privately managed, unaided minority Institution. In view of the decision of the Full Bench in Gurpreet Singh's case (AIR 1983 Punj and Har 70) the writ petition is not maintainable. On merits, it has been admitted that the petitioner had applied for admission to the MBBS course against one of the seats reserved for the candidates sponsored for Mission Hospitals. For this purpose, a Christian applicant having Indian Nationality has to "seek official sponsorship by a Chruch or Mission represented on the governing body of the Christian Medical College of Ludhiana Society." The application must obtain a letter stating that "the candidate is sponsored for MBBS admission for the year 1996." This letter of sponsorship had to be submitted along with the application form to the Registrar of the College on or before June 15, 1996 failing which the candidature was liable to be rejected. The petitioner did not submits "the official sponsorship letter as required by 15-6-1996 even up to 29-7-1996 i.e. the date of scrutiny of documents/certificates and testimonials etc." She had only submitted "a commending letter instead of sponsorship letter." Her name "did not figure in the list of candidates sponsored by the Diocese of Amritsar. . . . . . ." On June 20, 1996, she was asked to produce "her confirmation letter/certificate which is a pre-requisite document of the sponsorship letter." Simultaneously, the College also wrote "a letter dated 20-6-1996 to the Father Yaqub Masih, Methodist Chruch to confirm whether the petitioner is confirmed or not." The College was informed that "she was not yet confirmed by her Church." Still, the petitioner was informed vide letter dated July 22, 1996 that she had been "conditionally selected and that she must bring the certificate and testimonials in original for scrutiny and be present on 27-7-1996." She was also informed that if her original "certificates, papers, testimonials etc. are not found to be in order. . . . . . . .", her name shall be cancelled. In the meantime, the College had sent a communication dated July 10, 1996 to the Bishop requesting that "in case the Diocese of Amritsar was sponsoring the petitioner. . . . . . . .", a proper s ponsorship letter be sent through courier. No reply was received. Since the petitioner was not a duly sponsored candidate and had failed to produce a letter of sponsorship even on July 29, 1996, her candidature was cancelled. In view of these facts, the respondents pray that the writ petition should be dismissed.