- (1.) Leave granted in all the SLPs.
(2.) The appellant-State issued a notification on 5-1-2001 regarding admission to post graduate medical courses in the State of Punjab. 60% of the seats in such courses were reserved for eligible candidates in Service, while 40% of the seats were kept open to all eligible candidates who were residents of the State of Punjab. Clause 5 thereto, which provides for determination of merit and eligibility for admission, reads as under : "1. In CASE OF MEDICAL/ DENTAL COLLEGES: (a)The merit of the candidates will be determined by the University by holding the Postgraduate Entrance Test of eligible candidates, for admission to three years degree courses for the session 2001. (b)There will be separate merit list for in service 60% quota candidates for Government Medical/Dental Colleges and a separate merit list for remaining who are not covered under in service category candidates. The merit list for open and reserve candidates will be combined and reserve candidates will be eligible for open seats also, as per their merit. (c)Interview is compulsory for all candidates applying for the postgraduate admission. No separate interview letters will be issued. (d)Candidates securing at least 40% marks in the competitive examination will be eligible for admission except for admission to the basic subjects viz. Anatomy, Physiology, Biochemistry, Pharmacology, Pathology, Microbiology, Forensic Medicine and Social and Preventive Medicine where there will be no condition of minimum marks. Interview for M. S. /M. S./ M. D. S. courses will be held in the office of Vice Chancellor, Baba Farid University of Health Sciences Faridkot. (e)One mark each to PCMs candidates for admission to postgraduate course under 60% quota for one completed year of rural service over and above the three years minimum rural service required for eligibility for admission under this quota shall be given in the following manner: (i) The incentive of additional marks would be available only to those PCMs candidates who have obtained the minimum 40% qualifying marks. (ii) The number of marks, which may be given as an incentive for additional rural service, will be limited to 3 (five). (iii) The completed year of rural service on the basis of which incentive will be given, must have been rendered at places which are at least 15 kms. or more beyond municipal / notified area committee limits."
(3.) The validity of the notification dated 5-1-2001 issued by the appellant-State was challenged in the High Court with respect to prescription of lower marks than were prescribed by Regulation 9 framed by the Medical Council of India.;