PARAMJIT SINGH SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks admission to the MBBS Course basically on the strength of having passed 10 plus 2 Course from the Central Board of Secondary Education, New Delhi, and from a school situated at Jalandhar within the State of Punjab. Undoubtedly, he had the qualifying marks above 50 per cent as required by the Guru Nanak Dev University but had yet to sit in a Pre-Entrance Test. The petitioner willingly competed with rest of the candidates coming from various schools from Punjab, some affiliated with the Punjab School Board of Education and the other to the Central Board of Secondary Education. He opted for the reserved category of sportsmen at that time required. According to the petitioner, he is having 'A' Grade Certificate to press forward his claim in the reserved category. In the Pre-Entrance Test, however, the petitioner secured less than 35 per cent marks. As per the Prospectus issued by the Principal, Government Medical College, Amritsar, he was required to obtain 35 per cent marks. As per the Prospectus issued by the Principal, Government Medical College, Amritsar, he was required to obtain 35 per cent marks to be eligible for admission on merit even in the sports category. Likewise, for the general category, the eligibility from the Pre-Entrance Test result is 40 per cent and for the Scheduled Caste category etc. is 25 per cent. As indicated earlier, the petitioner could not secure eligibility having had a 'less percentage' and consequently the 'A' Grade Certificate of Sports did not come to his rescue. He was thus denied admission.

(2.) He has come to this Court by means of this petition challenging the criteria of fixation of eligibility. To put it simply, his claim is that qualifying percentage are alright so far as the qualifying examinations are concerned. His objection is to the eligibility criteria which emerges from the Pre-Entrance Test. According to his learned counsel, it is fair that admission be made seriatim from the result of the Pre-Entrance Test meritwise, from top to bottom irrespective of the percentage requirement. The second challenge is that this procedure has come about only in the Medical Colleges as a result of Punjab Government notification dated 21.4.1989 and the Government has no power to impose such a condition and have it obeyed from respondent No. 2, the Principal, Government Medical College Amritsar, and respondent No. 3, the Guru Nanak Dev University Amritsar. The special requirement of such eligibility in the Medical Colleges was highlighted to distinguish the procedure as existed in the Regional Engineering Colleges where no such percentage requirements are devised to determine eligibility. In the same manner, the Pre-Entrance Examination held by the Central Board of Secondary Education for the purpose of admission to Medical Colleges was also pressed into service.

(3.) In the return filed, the material allegations of the petitioner have been controverted. What has been emphasised is that everything was given out in the prospectus and the petitioner being fully aware of the requirements set in the Pre-Entrance Test and since the result has not come as suitable to him is not entitled to invoke jurisdiction of this Court at this stage having rubbed shoulders with others and failed.