SEJAL GARG Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This judgment shall dispose of aforementioned writ petitions as identical issues have been raised therein. Facts are being extracted from CWP-16886-2019 titled as 'Sejal Garg Vs. State of Punjab and others'.

(2.) The petitioner did her schooling from a school situated in Ludhiana and cleared her senior secondary examination in the academic session 2018-19. She has passed her secondary school examination also from the same school. Aspiring to serve as a Doctor in the State of Punjab, she applied for National Eligibility cum Entrance Test (UG)-2019 (for short 'NEET 2019') as a candidate belonging to the State of Punjab and took the test scheduled for 5.5.2019. The result was declared on 5.6.2019 and the petitioner secured All India Rank of 15494 obtaining 572 marks out of 720. On 6.6.2019, the State of Punjab issued notification on the subject of admission to MBBS/BDS courses in medical and dental institutions in the State of Punjab for the academic session 2019. As per this notification, centralized counseling was to be conducted by respondent No.3-Baba Farid University of Health Sciences. In similar notifications issued in the year 2017 and 2018, it had been mentioned that from the academic session 2019-20 onwards, a candidate would be eligible for admission, if he/she had passed his/her 10th class examination as well as 10+1 and 10+2 examinations from the State of Punjab apart from other eligibility conditions. However, in the Notification dated 6.6.2019, the requirement of passing 10th class examination and 10+1 and 10+2 examination from the State of Punjab, was not mentioned. Thus, a student who had not done his/her secondary and senior secondary education from the State of Punjab could also apply for the State quota in medical/dental colleges in the State of Punjab provided he was a bona fide resident of the said State. Neighbouring States of Himachal Pradesh, Rajasthan and some other States in India like Madhya Pradesh and Karnataka do not permit students from other States to apply for Medical/Dental colleges in their State and thus, students belonging to the State of Punjab are being subjected to unfair and excessive competition. This, according to the petitioner, is illegal and unconstitutional.

(3.) The State of Punjab has filed its reply according to which there is no illegality in the Notification dated 6.6.2019. Before issuing the said notification, discussions were held amongst representatives of respondent-University, representatives of parents/guardians of aspiring students and functionaries of the State Government at the highest level. The discussions threw up issues regarding children whose parents/guardians belonged to the State of Punjab, but had to reside outside on account of their job requirements and children whose parents/guardians were bona fide residents of State of Punjab, but had done their schooling from schools situated in other States due to better educational facilities therein. It was felt that such children were ineligible for admission in the State of Punjab in view of the existing eligibility conditions, even though, their parents/guardians belonged to the State of Punjab. Thus, a need was felt to change the policy to benefit such children. The requirement of passing the secondary/senior secondary examination from a school situated in the State of Punjab was done away with it. Before taking this policy decision, the policies of other States were also studied and an informed decision was taken. The said action has been taken keeping in view the interests of the residents of the State of Punjab and nobody who was earlier eligible for the State quota seats has been debarred. In fact, the scope for admitting more meritorious candidates has been increased.