GURJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner herein claims admission in MBBS as a matter of right based upon her merit and in that context seeks to replace respondent No. 5 who even though lower in merit has been admitted in the MBBS.

(2.) Brief facts on which admission of petitioner to MBBS course rests need a necessary mention.

(3.) On 18.5.1999, Government of Punjab vide notification of even date ordered the selection of students for admission to MBBS/BDS/BAMS course for the sessions 1999. The last date prescribed for submission of application was June 10, 1999 as per prospectus for admission that came into being. In clause 7 of of the prospectus, reservation in the State Medical/Dental/Ayurvedic Colleges was prescribed. It is the case of the petitioner that she is daughter of late Sukhwinder Singh who was working as Assistant Sub Inspector and was killed at the hands of terrorists in action. In this regard case F.I.R. No. 195 dated 9.10.1990 under sections 302/307/353/34 of the Indian Penal Code read with sections 25/54/59 of the Arms Act and sections 3/4 of the TADA Act was registered at Police Station Jandiala, Police District Majitha. As per clause 7(ix) of the prospectus, children/widows of Punjab Police, P.A.P. and Punjab Home Guards Personnel killed on disabled to the extent of 50% in action were entitled to reservation to the extent of 1% of the total seats. The petitioner who was entitled to admission under the reserved category as per clause 7(ix) and fulfilled all other requisite conditions and qualifications prescribed in the prospectus, applied for her selection for admission to MBBS/BDS/BAMS for the session 1999. The result of PMET 1999 was declared and the petitioner secured 136 marks. There were 430 seats in all in MBBS/BDS courses in the States Government Colleges for the sessions 1999. As per 1% reservation prescribed for the children/widows of Punjab Police etc. four seats were kept reserved for these categories. Out of four seats, 3 were kept under MBBS course and one under BDS course. It is further the case of the petitioner that as per schedule given in the prospectus interview for admission in MBBS under reserved categories was to be held on 8.8.1999 at Baba Farid University of Health Sciences, Faridkot. The petitioner alongwith others appeared in interview before the Committee constituted under the Chairmanship of Principal, Government Medical College, Patiala. Out of five persons claiming admission under clause 7(ix), the candidate who figured at Sr. No. 1 as per merit was Ms. Harpreet Kaur daughter of Sh. Babu Singh who also appeared for interview under the backward class category. It is further the case of the petitioner that when interview was over, she was told that her name is figuring at No. 1 in the waiting list for admission to MBBS course in the reserved category in which she had applied. She was then asked to talk to the concerned authorities after a a few days to see if there is any change made in the merit list. Petitioner, thus, rushed back to her native place at Amritsar. On 10.8.1999, the mother of the petitionr visited office of respondent No. 3 to enquire merit position of her daughter and on enquiries made from the office, it revealed that the merit list was subsequently changed since the candidate figuring at Sr. No. 1 in the category of Wards of Punjab Police etc. had been given admission under the backward class category and therefore, the petitioner was selected for admission in the Government Medical College, Patiala. It was further told to the mother of the petitioner that the list was displayed on 9th and since nobody turned up, the seat had now been given to next candidate Jatinder Singh who had only secured 51 marks. It is further the case of the petitioner that she alongwith her mother continuously visited respondents No. 3 and 4 on 11th, 12th, 13th and 14th of August, 1999 and requested them to grant admission to the petitioner in MBBS course as per merit and allow her to deposit fee but when consistent efforts of the petitioner and her mother brought no tangible results, the present writ for the relief, as mentioned above, was filed.