GURLAL SINGH SANDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose off C.W.P. Nos. 8567 of 1988, 9654 of 1998 and 11055 of 1998. The facts have been taken from C.W.P. No. 8567 of 1998.

(2.) On the basis of a notification dated 28th March, 1998, Annexure P-l to the petition, the respondent Guru Nanak Dev University issued a prospectus calling for applications for admission to the Post Graduate Medical Courses i.e. MD/MS/Dental in the Government Medical Colleges situated in the State of Punjab. The prospectus provided that 60% of the seats were to be filled in on the basis of an entrance test from amongst eligible PCMS/non-PCMS(Dental)/PDES called in service candidates. Whereas the remaining 40% seats were to be filled up from amongst fresh graduates as also in service candidates. It was also provided that an in-service candidate could be considered under the 60% quota provided such a candidate had three years rural service in the P.C.M.S. and P.C.M.S. (Dental) to his/her credit. Note 2 in Annexure P-l pertained to the distribution of seats and inter-alia stipulated that "after exhausting all the eligible candidates under 60% quota, the vacant seats due to non-availability of eligible candidates, if any, shall be offered to eligible candidates under 40% quota and vice versa". Para 5 of the prospectus dealt with the determination of merit. It was provided therein that the merit was to be determined on the basis of a common entrance test of eligible candidates and two separate lists of 60% and 40% quota candidates were to be notified. It was further stipulated that only such candidates who had secured at least 50% marks in the competitive entrance test would be called for the compulsory interview. The petitioners who belong to the category of fresh graduates took the post-graduate entrance test in tune with these provisions on 24.5.1998 and on the declaration of the result on 1.6.1998 were found to have qualified for the interview, by securing at least 50% marks. The State of Punjab however, vide a decision taken on the 9th June, 1998 and released to the Press the next day waived the qualifying condition of 50% minimum marks in the Post Graduation Entrance Test, with the result that all candidates became eligible for being called for the interview irrespective of the marks they had obtained in the entrance test. The petitioners have, accordingly, approached this Court on the plea that they had been seriously prejudiced as the criteria for selection had been changed to their detriment, long after the admission process had been set in motion, as they had been denied consideration against the seats that would have been available as an adequate number of in-service candidates had not obtained the 50% floor marks in the entrance test, and this action of the respondent-State being contrary to the settled law was untenable.

(3.) On notice of motion, a reply had initially been put in on behalf of the respondent-State. On an application filed by respondents No. 5 to 8, some in service candidates, they too were impleaded as parties and have filed their reply as well. In the reply filed by Dr.(Mrs.) Sudesh Khanna, on behalf of respondents No. 1 to 3, it has been pleaded that the condition of securing at least 50% marks in the entrance test was not a condition of eligibility but a factor in the determination of the merit. It has further been pointed out that vide corrigendum dated 19.6.1998 (Annexure R-l), this condition had been waived and reference has, in this regard, been made to a Division Bench decision of this Court in CWP No. 10040 of 1995 (Munish Kumar v. The State of Punjab and Ors.) decided on 31.8.1995, wherein it had been held that it was open to the State Government to change its policy with regard to admissions to the Post Graduate Courses in the Medical Colleges at any time till the process of final admissions was complete. A written statement has also been filed by one of the interveners, Dr. Dinesh Garg - respondent No. 8, and it has been pointed out that the condition of 50% marks was waived for the reason that only 22 in service candidates had obtained the qualifying marks in the entrance test for the M.D./M.S. Course as against the 114 seats reserved for them, and in the course of arguments, it has further been highlighted that against the 40% share falling to the share of the fresh graduates (which came to 74 seats) as many as 379 candidates had qualified the entrance test and that the corrigendum Annexure R-l had been issued to remove this imbalance. It has also been pleaded that in service doctors seeking admission to Post Graduate Courses were doing an essential public service in order to gain eligibility for admission as they were required to have three years service in a rural area to their credit and were also required by bond to serve the State Government for a period of five years after having secured their Post Graduate Degrees. It has further been pointed out that the State Government had taken the decision to issue the corrigendum as the P.C.M.S. Association had raised an objection with regard to the 50% marks as a condition of eligibility soon after its publication.