MS PRERNA DEAN Vs. CHRISTIAN MEDICAL COLLEGE, LUDHIANA
LAWS(P&H)-2001-11-74
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 08,2001

Ms Prerna Dean Appellant
VERSUS
CHRISTIAN MEDICAL COLLEGE, LUDHIANA Respondents

JUDGEMENT

SWATANTER KUMAR, J. - (1.) CHRISTIAN Medical College, Ludhiana, Punjab, was permitted to make its admissions on merit on the basis of an entrance test conducted and in accordance with its own regulations for the ensuing academic year. In view of the order of the Hon'ble Apex Court dated 22.4.1994 passed in I.A. No. 5 in Civil Appeal No. 3147 of 1993 and the order dated 14.5.1993 passed in Special Leave to Appeal (Civil) No. (s) 8060 of 1992 and 14513 -15 of 1992, it is conceded that similar orders were passed by the Hon'ble Apex Court for the subsequent years. In furtherance to such orders, Christian Medical College, Ludhiana, hereinafter referred to as the college, published a brochure/prospectus for admission to MBBS programme of the college for the year 2001. In the said courses, seats have been reserved for various categories under the Punjab domiciles as well as non -Punjab domiciles (All India category). Amongst others, category No. 8 deals with candidates sponsored for Mission Hospitals.
(2.) THE petitioner had applied and taken the entrance test as a sponsored candidate for Mission Hospitals under category No. 8 for which 21 seats are reserved. The petitioner passed her 10+2 examination and obtained 384 out of 500 marks in that examination. Her application was sponsored and she submitted the requisite forms A, B and C with complete particulars to the respondent - college. The last date for submission of form 'C' was 15.6.2001, before which date the petitioner submitted the said application. The petitioner satisfied the academic eligibility conditions and according to her as she was desirous of serving the Mission Hospitals, she applied under that category to the Council of Baptist Church in Northern India and submitted her complete bio - data and requisite application for sponsoring the name of the petitioner to the respondent -college. The Vice President of the Council of Baptist Church of Northern India informed the petitioner that her application has been sponsored to the respondent -college on 18.5.2001.
(3.) PETITIONER was issued Roll No. 5143 for taking entrance examination, which was held on 3.6.2001. The result of the said entrance test was declared on 29.6.2001 and the name of the petitioner was not included in the select list under category No. 8. However, her name was included in the combined list of these institutions at Sr. No. 22. As the name of the petitioner was not mentioned in the final selection list under Category No. 8, she submitted a representation, copy of which is annexed to the petition as Annexure P/5, on 5.7.2001 to the governing body of respondent -college, but of no consequence and with the fear that admissions may not be finalised in the meanwhile, the petitioner filed the present writ petition. Upon notice, the respondents No. 1 and 2 filed a detailed written statement. The facts averred by the petitioner are hardly disputed by the respondents. The respondents placed reliance upon the interpretation of the clause governing admission to this category and the resolution of the governing body of the college on the basis of which admission to the petitioner has been denied. The basic case of the respondents is that she could get admission under the sponsored category No. 8 only if the sponsoring authority had sent minimum three names under that category. As only two names were sent the petitioner was not considered for admission under category No. 8, but she was put in the common select list in accordance with the directions of the brochure and the decision of the governing body and she being at serial No. 22, was not entitled to admission in the MBBS course on her own merit. Thus, the respondents pray for dismissal of the writ petition.;


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