- (1.) In this petition under Articles 226/227 of the Constitution of India, the petitioner raises a challenge to the admission of respondents No. 4 to 6 to the course of Bachelor of Dental Surgery (For short BDS) in Guru Ram Dass Institute of Dental Sciences and Research, Amritsar, on the sole ground that the authorities varied the terms and conditions of the brochure subsequent to the date of examination and as such it offends the principles enunciated by the Full Bench of this Court in the cases of Swaranjit Singh and another v. State of Punjab and other, 1997 4 SCT 511 and Raj Singh v. Maharshi Dayanand University, 1994 2 SCT 766.
(2.) The petitioner cleared her matriculation examination by securing 89.6% marks conducted by the C.B.S.E. and passed her 10+2 (Medical) examination by securing 70% marks. According to the petitioner respondent No. 3 is a Sikh institution and 50% seats are reserved exclusively for Sikh students. As per the terms and conditions of the brochure, out of the prescribed seats certain percentage of seats was reserved for sufferers of Dharam Yudh Morcha/Punjabi Suba Morcha. Clause 11.10 of the brochure deal with the eligibility of this reservation. The said clause reads as under :- "11.10. In case of candidates claiming benefits under the "Dharam Yudh Morcha/Emergency/Punjabi Suba Morcha sufferer category" an affidavit from the parents/guardian of the candidate that the grandparent of the candidate has been a sufferer of Dharum Yudh Morcha/Emergency/Punjabi Suba Morcha and also a certificate to that effect from the President/Secretary, Shiromani Gurdwara Parbandhak Committee, should be submitted along with the application. However, candidates from States other than Punjab, Haryana, Himachal Pradesh and UT of Chandigarh may send the certificate within seven days of declaration of the result. The required affidavit must, however, be sent along with the application."
(3.) The petitioner along with the other candidates qualified in the entrance test and was ranked 356. The counseling for allocation of the said seats was held on 28.8.2001. In the counseling a criteria was adopted by the respondents after due consideration that the sufferers/eligible candidates under the category would be considered who remained in imprisonment/jail for a period of 30 days.;