PUNIT KAUR MATTEWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Alleging political patronage and extraneous considerations the nominations of private respondents namely Ms. Ravneet Kaur, Ms. Munu, Ms. Radha Mehra, Mr. Samarjit Singh Chatha and Sh. Sharanjit Singh and Mr. Amitoj Singh Multani for admission to M.B.B.S. Course have been challenged in Civil Writ Petition Nos. 11372, 11838, 11839, 12041, 12152, 13110, 12238. 12438, 12529, 12697, 12794, 12927 and 12993 of 1994 with a prayer for issuance of a direction to the respondents to nominate the petitioners in these petitions in stead of the earlier nominated candidates. The nomination of the private respondents is the offspring and made in pursuance to the "guidelines for the nomination on the discretionary seats" which provides to make nomination on the following lines :-

(3.) After referring to catena of authorities of the Supreme Court, a Division Bench of this Court in Civil Writ Petition No. 3763 of 1993 "Anter Preet Singh and others v. State of Punjab and others, 1995 2 SCT 377" , decided on September 26, 1994 and broadly held that no reservation by way of nomination can be made. It held, "in fact, no provision of the Constitution has been referred by the learned counsel for the respondents to support the policy of nomination." It further concluded by holding.