RAJESH KUMAR BADHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition proceeds on admitted factual background. The petitioners are presently serving as Medical Officers in the Punjab Civil Medical Service which they joined on 11th March, 1999 and 30th March, 2006 respectively. Both of them belong to Scheduled Caste Category. Certificates of their belonging to Scheduled Caste Category have been placed on record as Annexures P -1 and P -2, respectively. It is also admitted position that their fathers are Ex -servicemen. In response to the advertisement and prospectus issued by respondent No. 2 University for admission to the Postgraduate MD/MS Courses, the petitioners submitted their applications for seeking their consideration for admission to the available Postgraduate courses. Under the prospectus, 50% of the total seats available in Government institutions are to be filled up on All India basis through an All India Competitive Entrance Test and the remaining 40% seats are to be filled up through Post Graduate Entrance Test, known as PGET 2009. Out of 50% seats to be filled up through PGET, 60% are meant for PCMS/PCMS Dental/PDES inservice doctors and the remaining 40% from Medical Graduates from Open market. Out of State quota, 25% seats are reserved for Scheduled Caste candidates, 5% for Backward Class, 3% for the Physically Handicapped, 2% for Sports Persons, 2% for Defence Pesonnel/ Wards of Defence Personnel, 2% for Wards of Punjab Police Personnel etc. and 1% for children/grand children of freedom fighters. Clause 3 contained in Para -B of the Prospectus deals with the determination of merit and preference for admission. Sub clause 3.1 prescribes the minimum eligibility for admission which reads as under: - -

(2.) THE State Government has also issued the notification dated 17th March, 2008 prescribing the procedure and the eligibility for admission to Postgraduate degree/diploma courses for the Session 2008 onwards. Clause 18 of the aforesaid Notification again deals with the minimum eligibility for admission on the basis of the Entrance Test which reads as under: -

(3.) ON the basis of the aforesaid proviso and para 3.1 of the Part -B of the Prospectus, it is contended on behalf of the petitioners that they are eligible not only for consideration for admission under the Scheduled Caste Category, but also under the Ex -serviceman Category, notwithstanding their percentage in the Entrance Test being less than 50%.