Swatanter Kumar, J. - (1.) CHALLENGE in these five writ petitions under Articles 226 and 227 of the Constitution of India is to the notification dated 21st August,, 2001, issued by the Department of Medical Education and Research, Government of Punjab. This notification alters materially and in substance the earlier notification dated May 25, 2001, published in the news papers on June 25, 2001, issued by the Government for conducting Punjab Medical Entrance Test (PMET) -2001 for admission to medical courses. The notification dated 21st August, 2001 read as under: Government of Punjab Department of Medical Education and Research. (Health III Branch) Notification The 21st August, 2001 No. 5/2001 -5HB3/4304. - -The Governor of Punjab is pleased to partial modify notification dated 25th May, 2001 issued,; - -vide No. 5/1/2001 -5HB3/3009, dated 25th May, 2001 to the extent that paragraph 8(i) and (b) wherein minimum marks to be obtained by Schedule Caste/Schedule Tribe or other Backward Classes as well as by Sports persons and physically handicapped persons have been prescribed. It has now been decided to withdraw these minimum qualifying marks so far as candidates belonged to Schedule Caste/ Schedule Tribe or other Backward Classes as well as Sports persons and handicapped persons are concerned. Now their eligibility will be determined as per the policy followed for admission for the academic -sessions P.M.E.T. 2000. Dated Chandigarh The 21st August, 2000 Sd/ - N.S. Rattan, Principal, Secretary to Govt. Punjab, Department of Medical Education and Research . No. 5/1/2001 - -5HB3/4305, dated 21st August, 2001 A copy alongwith one spare copy is forwarded to controller Printing and Stationary Department, Chandigarh Administration, Chandigarh for publication in the Punjab Government Gazette (Extra ordinary) today and supply one hundred copies without endorsement to this Department for official use. Principal Secretary to Government, Punjab, Department of Medical Education and Research.
(2.) THE Governor of State of Punjab, - -uitfe notification, dated 25th May, 2001 appointed Baba Farid University of Health Sciences, Faridkot (hereinafter referred to as "the University") to conduct the Punjab Medical Entrance Test 2001 for selection of candidates for admission to MBBS, BDS and other professional courses. Pursuant to this notification , the Government also published its policy for the current academic year along with the manner and method in which the admissions were to be made and competitive examination was to be held. The policy of the government, in regard to reservation of seats for various categories and classes was also duly notified accordingly. Amongst others, seats were also reserved for Scheduled Castes, Scheduled Tribes, Backward Classes, handicapped, sports category etc. However, under Clause 8 of the notification the general conditions of eligibility were provided 85% Seats were reserved for the students, who have passed their 10+1 and 10+2 examinations from the institutes recognised by the State of Punjab and situated in the State of Punjab, while 15% seats were reserved for the other candidates having passed 10+1 and 10+2 from all over the country.
(3.) KEEPING in view the controversy in the present writ petition, it will be appropriate to refer to the eligibility conditions which were altered and changed by the government just during and/or before the course of counselling. Relevant eligibility clauses 8 (a) and (b) of the notification read as under: (a) For admission to MBBS/BDS candidate must have come in the merit list prepared as a result of the entrance examination by securing not less than 50% marks in Physics, Chemistry and biology taken together in the competitive examination in respect of candidates belonging to scheduled castes, schedule tribes or other backward classes the marks obtained in Physics, Chemistry and Biology taken together in competitive entrance examination be 40% instead of 50% as stated above. (b) For admission to BAMS/BHMS/Bachelor of Physiotherapy and Bachelor of Nursing the candidate must have come in the merit list prepared as a result of the entrance examination by securing not less than 30% marks in Physics, Chemistry and Biology taken together in the competitive examination in respect of candidates belonging to scheduled castes, scheduled tribes or other backward classes the marks obtained in Physics, Chemistry and Biology taken together in competitive entrance examination be 20% instead of 30% as stated above. XX XX XX XX XX XX Dated Chandigarh the June 25th 2001. (Sd/ -) .... (N. S. RATTAN) Principal Secretary to Govt., Punjab Department of Medical Education and Research . We may also notice that another writ petition being Civil Writ Petition No. 12156 of 2001 was filed by one Rajinder Kumar. In this writ petition, the Petitioner relied upon a letter dated 7th August 2001, copy Annexure P/5 to the said writ petition, issued by the Department of Welfare, (Welfare Cell -Non -Plan) whereby the said department had written to the Department of Medical Education and Research that the condition of minimum marks should be withdrawn immediately to implement the policy for reserved category.;