R.C. Kathuria, J. - (1.) IN this position, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing or order dated 26.8.2000 (Annexure P.9) passed by the Chairman, Selection Committee & Principal, Guru Gobind Singh Medical College, Faridkot (respondent No. 3) cancelling the admission of the petitioner to M.B.B.S. Course Session 2000.
(2.) FOR admission to the M.B.B.S./B.D.S./B.A.M.S. (Ayurvedacharya) courses for the session 2000 in the three State Medical Colleges, two State Denial Colleges and Government Ayurvedic College, Patiala, Guru Nanak Dev University (respondent No. 1) conducted the Punjab Medical Entrance Test -2000 (hereinafter referred to as 'PMET -2000'). The father of the petitioner is employed in Indian Air Force and at present holds the rank of Wing Commander having headquarters CAC(U), Indian Air Force at Bamrauli (Allahabad) U.P. He was given the award of Vishisht Sewa Medal by the President of India as per notification dated 26.1.1992 published in Part -I, Section 1 of the Gazette of India dated 4.7.1992. 1% of the seats have been reserved for the children/widows of defence personnel killed or disabled to the extent of 50% or more in action, wards of gallantry awardees as per Annexure -G and children of the serving defence personnel/Ex -servicemen as per Annexure -G of the prospects for PMET -2000 by respondent No. 1, Claiming herself to be the ward of gallantry awardees, the petitioner applied for admission to M.B.B.S. course by submitting application along with the required supporting documents for appearing in PMET -2000 under the reserve category. She secured rank 4017 in the written examination conducted by respondent No. 1. She was called for counselling on 1.8.2000 by respondent No. 3. All the documents, on the basis of which admission was sought by the petitioner, were scrutinised by respondent No. 3. Thereafter, she was granted admission. She had deposited the necessary fee on 5.8.2000. Soon thereafter, she received show' -cause notice dated 17.8.2000 (Annexure -P.7) from respondent No. 3 wherein she was informed that Vishisht Sewa Medal does not figure in the list of Gallantry Awards awarded by the President of India and also in terms of the list of Gallantry Awards mentioned in Annexure -G of the prospectus. It was also stated in the said notice that she has obtained admission by misrepresentation and misleading the Selection Committee by furnishing false information/certificate and for that reason her candidature was liable to be rejected. She submitted a detailed reply dated 23.8.2000 to the Principal, Government Medical College, Amritsar (respondent No. 4). Finding no merit in the reply filed, the same was rejected and admission granted to the petitioner in Government Medical College, Amritsar was cancelled with immediate effect on 26.8.2000. Action of the respondents in cancelling her admission has been challenged in this writ petition on the ground that there was no concealment on her part when she submitted her application along with the documents for admission to the M.B.B.S. course to respondent No. 1, she has specifically stated therein that she was claiming admission under reserve category as her father has been awarded Gallantry Award of Vishisht Sewa Medal and for the laxity on the part of the respondents in not properly scrutinising the application and documents submitted by the petitioner, she cannot be allowed to suffer because, at this state, she is not in a position to gel admission in any other course in any institution. The petition has been contested by the official as well as private respondents. Respondent No. 1, while justifying the cancelling of the admission of the petitioner, stated that the certificate produced by her in support of her claim for eligibility in the category of Defence Services is not covered in the list of gallantry awardees awarded by the Armed Forces, though at the time of interview it was made to believe that said certificate is covered under the said category. It was further stated that Vishist Sewa Medals are Non -Gallantry Awards in term of paras 50 -51 of the Army instructions dated 14.4.1973 and that the Gallantry Awards are the decorations awarded for the act of bravery in presence of the enemy whether on land, at sea or in the air as laid down in the Defence Services Regulations, Volume 2 (revised edition 1987) and further clarified by the Station Headquarters, Ferozepur Cantt in their office letter No. 1349/1/A dated 10.8.2000 and the letter of the Government of Punjab bearing memo No. PS/PSMER -2R/3332 dated 14/16.8.2000. Respondent No. 5 in this written statement maintained that he was admitted to B.D.S. course at Dashmesh Institute of Research, Faridkot in the first counseling on 5.8.2000. According to him, on the representation filed by his father, respondent No. 3 had held an enquiry into the admission granted to the petitioner and one Raunak Singh to M.B.B.S. course as they had been wrongly granted admission under the reserve category as wards of awardee of Vishisht Sewa Medal. It is, thereafter that on 17.8.2000 show cause notice was issued to the petitioner and other student -Raunak Singh regarding the cancellation of their admission to the course. After consideration of their representations, their admission was cancelled by respondent No. 3. Under these circumstances, he was granted admission by respondent No. 4 on 31.8.2000 at Government Medical College, Amritsar. He started attending his classes but on 14.9.2000, as Anjali -petitioner was allowed to attend the classes in terms of the directions given by this Court vide order dated 1.9.2000, he was informed by respondent No. 4 that his admission and that of Gurnimrat Kaur has been kept in abeyance till the decision of the writ filed by the petitioner. This action of respondent No. 4 was also assailed by him as no notice was given to him before passing the said order. Gurnimrat Kaur -respondent No. 6, in her separate written statement, took up the similar stand as stated by respondent No. 5.
(3.) WE have heard learned counsel for the parties and gone through the record of the writ petition.;