HARPREET KAUR Vs. GOVERNMENT OF PUNJAB AND ORS

JUDGEMENT

(1.) The Petitioner claims admission on the basis of Punjab Medical Entrance Test-2008 (for short PMET-2008) against the seats meant for Scheduled Caste category in Bachelor of Dental Science Course.

(2.) The Petitioner qualified her matriculation examination from ICSE in the academic year 2005-06 and 10+2 examination in the academic session 2007-08 from the Punjab School Education Board. Baba Farid University of Health Sciences, Faridkot, conducted PMET-2008 for admission to Medical Courses in the State of Punjab. The Petitioner obtained 369 marks. It is the case of the Petitioner that her mother is a Scheduled Caste and as per Government of India policy instructions dated 21st May, 1977 regarding the case status of the offspring of inter caste marriage, such as the Petitioner, Scheduled Caste certificate was rightly issued by the Tehsildar, Grudaspur. The Petitioner was not admitted against the seat meant for Scheduled Caste category on an objection raised by the Welfare Department to the effect that the Petitioner cannot be granted benefit of reservation category seat. The Petitioner submitted representation for admission to the course but in spite of Government of India circular, the Petitioner was not granted provisional admission. It is the case of the Petitioner that the State and the University authorities are bound by the instructions issued by the mandate of the Central Government and, thus, action of the Respondent in not admitting the Petitioner against the seat reserved for Scheduled Caste category is not jusitfied.

(3.) The relevant extract from the instructions, dated 21st May, 1977 reads as under: