HARISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order of our brother D. B. Lal dismissing a writ petition.

(2.) The appellant, Harisk Kumar Malhotra, appeared in the Pre-medical Examination of the Punjab University in 1969 but, it is said, he was unable to appear in the Biology practical paper of the examination because of acute dysentery, He was placed in the list of candidates entitled to appear in the "Compartment" examination. It seems that be did not take that examination and instead preferred to appear afresh in the Pre-medical Examination of the year 1970. He obtained 384 marks out of a total of 650 marks, and therefore, had a percentage of 59.6 in the compulsory subjects of English, Physics, Chemistry and Biology.

(3.) The Himachal Pradesh Medical College, Simla was affiliated to the Punjab University. It is an institution belonging to the Government of Himachal Pradesh Medical Department, and its prospectus for the year 1970-71 was finalised with the approval of the Himachal Pradesh Government. The appellant applied to the Medical College for admission to the M.B.B.S. First Year Course of that Medical College in June 1970 and was invited for an interview before the Selection Board on July 23, 1970. The Himachal Pradesh University Act, 1970 was brought into force on July 22, 1970 and in consequence thereof the Himachal Pradesh Medical College was dis-affiliated from the Punjab University and. affiliated to the Himachal Pradesh University as from July 22, 1970. The Selection Board selected a number of candidates for admission to the Medical College but did not select the petitioner. The appellant maintains that he was entitled to admission and points out that the respondents Nos. 6 to 9 were admitted although they obtained a lower percentage of marks than he did. Accordingly, the appellant filed a writ petition in this Court challenging the refusal of the respondents to admit him to the M.B.B.S. First Year Course in the Himachal Pradesh Medical College. The writ petition has been dismissed.