PRATIBHA GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN terms of the directions given by this Court on December 18, 1992 in C. W. P. No. 8789 of 1992 laying down the criteria for admission by migration, the Government of Punjab authorised the Punjabi University, Patiala to hold Joint Migration Test for the students seeking migration to or within Govern-ment Medical Colleges in the Punjab for the year 1997. For this purpose, the University issued information brochure containing the guidelines for migration, the eligibility for appearing in the Joint Migration Test etc. Paragraph II (5) of the brochure which is a reproduction of the criteria laid down by the High Court reads as under :-" 5. The Principal of the College where migration is being sought will intimate the number of seats at the time of finalising the migrations. 80% of the seats shall be filled on the basis of inter se merit of the candidates appearing in the test, and 20% seats will be filled on peculiar facts of each particular case for highly exceptional compassionate cases migrating from States other than Punjab but subject to the candidate fulfilling other conditions as enumerated in the Ordinances. "

(2.) THE petitioners who have passed Ist year M. B. B. S. examination from Medical College, Bellary; the respondent No. 4, who has passed 1st year M. B. B. S. from J. S. S. Medical College, Mysore and the respondent No. 5 who has passed Ist year M. B. B. S. examination from Coimbatore Medical College, Coimbatore and others appeared in the Joint Migration Test, which was initially slated for March 30, 1997 but which was ultimately held on 10-5-1997. In the merit list declared by University, the names of the petitioners figured at Sr. Nos. 43 and 59 respectively. The names of respondent Nos. 4 and 5 appeared at Sr. Nos. 71 and 24 respectively. On May 10, 1997, the Coordinator, Joint Migration Test issued notice intimating that the Committee will interview the candidates for migration to second Professional MBBS on 12-5-1997. This date was subsequently changed to 13-5-1997. After interviewing the candidates, the Committee admitted 14 candidates against the 80% seats vide Annexure-R. 2 dated 13-5-1997. On 20-5-1997, the Coordinator (Entrance Test Cell) notified the list Annexure-R. 3 for provisional admission of five candidates by migration on compassionate grounds. In this list the name of respondent No. 4 appeared at No. 2 among the candidates admitted in Government Medical College, Patiala and the name of respondent No. 5 appeared at Sr. No. 1 among the candidates admitted in Government Medical College, Amritsar.

(3.) IN the written statement filed by respondent Nos. 1 and 2, it has been pleaded that the Committee finalised the admissions against 20% seats on peculiar facts of each case. It is further stated that the Committee decided to give preference to those candidates in whose cases the reasons for consideration on compassionate grounds arose out of circumstances developed after they had obtained admission out of Punjab in comparison to those in whose cases such circumstances were already in existence at the time they took admission outside Punjab. It is further stated that the Committee was of the view that circumstances such as illness, security consideration and persecution etc. which directly affect the candidates would be given priority over those which affect the parents or close relatives, thus affecting the candidates indirectly and migration on compassionate grounds have been allowed keeping in view the above criteria. For the sake of precision, paragraphs 5, 8 and 15 of the written statement filed by respondent Nos. 1 and 2 are extracted below :- "