Ruma Pal, J. - (1.)The dispute in this case relates to the allotment of a seat to the Post Graduate Course of Medicine (MD) (Medicine) for the academic session which commenced on 14th May, 2000 in Pandit B. D. Sharma Post-Graduate Institute of Medical Sciences, Rohtak (hereinafter referred to as 'PGIMS').
(2.)The entrance examination for the academic session 2000 was held on 16th April, 2000 by respondent No. 3, Guru Jambheshwar University, Hissar for the M.D. Course under the State quota for the PGIMS. Both the appellant and the respondent No. 4 were successful. The respondent No. 4 was placed 24th whereas the appellant ranked 43rd in the merit list. The first choice of both the respondent and the appellant was admission in M.D. (Medicine) in PGIMS. The first counselling was held on 8th May, 2000. The respondent No. 4 was offered a seat in the M.D. (Anaethesiology) as there was no vacancy in M.D. (Medicine). The respondent No. 4 accepted the allotment but got himself wait-listed for the second counselling. The appellant was allotted a seat in M.S. (Obstetrics and Gynecology). Since the appellant did not get the course of her choice she also opted for being wait-listed for the second counselling. The second counselling was held on 13th June, 2000. At the start of the second counselling, the respondent No. 4 was again allotted the seat in M.D. (Anaethesiology) which was accepted by him. The candidate who was 42nd on the merit position had been admitted to M.D. (Medicine) course against the seat reserved for the All India quota in the first counselling. The subject of her choice was however M.D. (Pathology). She also opted to be wait listed for the second counselling. When the candidate in merit position 42 appeared before the Counselling Board in the second counselling as there was a seat available for the course of M.D. (Pathology), she opted for the M.D. (Pathology) course. As a result, the seat which was occupied by her in M.D. (Medicine) under the All India quota fell vacant. It was offered to the appellant who was next in the merit list. The appellant accepted the offer and joined the session on 14th June, 2000. The admission process was closed on 14th June, 2000.
(3.)On 25th September, 2000, the respondent No. 4 filed a writ petition in the High Court of Punjab and Haryana in which the respondent No. 4 claimed that the admission of the appellant in M.D. (Medicine) was invalid as the respondent No. 4 was higher than that of the appellant in the merit position and the respondent No. 4 had the prior right over a seat in the subject of his choice. The writ application was allowed by the High Court on 24th January, 2001 and the admission granted to the appellant in M.D. (Medicine) was quashed. The University and the PGIMS were directed to grant admission to the respondent No. 4 against that seat.