Swatanter Kumar, J. - (1.) THIS Letters Patent Appeal is directed against the judgment of the learned Single Judge dated 25.1.2001, vide which the writ petition filed by the appellant was dismissed with no order as to costs.
(2.) THE basic contention raised before the learned Single Judge in writ petition was that the condition of obtaining minimum 40% qualifying marks for seeking admission to the speciality of Pedodontics as a post graduate course in the Government Dental College is not applicable in the case of the petitioner. According to the petitioner, prospectus does not specifically provides for such a condition. Even if it is assumed for the sake of arguments that such a condition was applicable to the subject, still the case of the petitioner will fall within the exceptions clause of condition 5 -A(d) of the prospectus. At this stage, we may refer to baste facts. The appellant had taken entrance test for admission to post graduate Medical/Dental/Surgery courses for the year 2000 -2001. Guru Nanak Dev University conducted entrance test on behalf of the State of Punjab. Out of the total seats available, 25% were to be filled up on All India basis and of the remaining 60% seats were to be filled amongst eligible PCMS/PCMS (Dental) PDES in -service doctor, while 40% were to be filled amongst non -PCMS graduates. The PCMS candidates were required to have three years of rural service. Unfilled seats under any of the afore -stated categories (60 : 40%) can be offered to the other category subject to the conditions of the brochure. The appellant had taken examination and obtained marks, which were not 40% as provided under condition 5 -A(d) of the prospectus and the respondents refused to admit the appellant to post graduate course in Pedodontics, as preferred by the appellant, giving rise to the filing of the writ petition before the High Court by the appellant.
(3.) THE facts of the case are hardly in dispute. The only material question that falls for consideration is, whether the condition 5 -A(d) of the prospectus is applicable for the course of Pedodontics to which the appellant wanted to seek admission or not ?;