SUNAINA JODHKA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The respondent No. 4 issued a prospectus for admission to MDS course in the year 2007. Out of the available seats, one of the seat was reserved for NRIs. Under the aforesaid prospectus four categories for NRIs were prescribed for admission against the aforesaid NRI quota. These four categories were earlier notified by the State of Punjab vide notification dated 21.3.2007. The following categories of NRIs were prescribed :-

(2.) The petitioner applied in the month of March, 2007 for admission to MDS seat in Pedodontics and Preventive Dentistry in Christian Dental College, Ludhiana under the NRI quota category IV, referred to above. She participated in the entrance test, conducted on 23.4.2007 and was placed at No. 2 in the merit under the said category. The 1st candidate did not claim the seat and thus the petitioner was permitted to deposit the prescribed fee in US $ 45,000/- on 30.4.2007 and thereafter she was admitted to the course, the classes for which commenced on 1.5.2007.

(3.) After the petitioner joined the course the college sent registration to Baba Farid University. In the meantime the Punjab Govt. issued a notification dated 13.7.2007, deleting categories No. III and IV of the NRIs quota. Based upon the deletion of the aforesaid category the Registrar, Baba Farid University vide letter dated 30.7.2007 returned the registration papers of the petitioner to the college. In the meantime, the State Govt. issued another notification dated 3.8.2007 (Annexure P-4), whereby the left over seats of NRI quota were permitted to be filled up as management quota on the fee chargeable from the NRI seats. In view of the aforesaid notification the Christian Dental College vide its letter dated 20.8.2007 requested the university for the change of category of the petitioner from NRI to management. The respondent- university in response to the aforesaid communication sought details of the fee charge from the petitioner for the purpose of processing the application vide its letter dated 8.10.2007. The college-responded to the aforesaid letter and gave the details to the university. In the meantime, the petitioner completed her thesis and submitted to the university for evaluation. It appears that the university had some apprehension about the conversion of the seat from NRI quota to Management quota and accordingly vide its communication dated 20.8.2007 the college was asked to get orders from the Court regarding the admission of the petitioner. Coming to know of the aforesaid details, the petitioner made a detailed representation dated 7.1.2008 (Annexure P-10) to the university. Since the issue regarding the admission of the petitioner could not be decided, the petitioner has approached this Court through the medium of the present writ petition seeking a direction for quashing the letter/communication dated 26.11.2007 (Annexure P-9) and for a further direction in the nature of mandamus to treat the petitioner's admission under management quota in terms of notification dated 23.8.2007.