DR. BRIJENDER AND ORS. Vs. DR. MANISHA MODI AND ORS.
LAWS(P&H)-2011-6-45
HIGH COURT OF PUNJAB AND HARYANA
Decided on June 24,2011

Dr. Brijender And Ors. Appellant
VERSUS
Dr. Manisha Modi And Ors. Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) THIS order shall dispose of LPA Nos. 1050 of 2011, 1063 of 2011, 1067 of 2011 and 1076 of 2011 arising out of CWP No. 8548 of 2011 and LPA Nos. 1064 of 2011, 1066 of 2011 and 1075 of 2011 arising out of CWP No. 8575 of 2011 against a common judgment dated 24.05.2011 passed by the learned Single Judge of this Court, allowing the aforesaid writ petitions.
(2.) THE Appellants and the private Respondents are the members of Haryana Civil Medical Services (HCMS) and are aspirants for admission to Post -Graduate Degree Courses conducted by Pt. B.D. Sharma University of Health Sciences, Rohtak (for short here -in -after called "University"). The writ Petitioners are the members of the HCMS, who have graduated from an institutions situated in the State of Haryana, whereas the Appellants in these appeals are the members of the HCMS, who have graduated from the institutions located in the areas other than State of Haryana. The writ Petitioners are claiming benefit of 10 marks, by an institutional preference, before determining merit for the purposes of admission for the Post -Graduate Courses, whereas the stand of the University and that of the Appellants herein that such marks for institutional preference are to be given to the candidates, who are competing for the open category seats and that such marks are not available to the members of the HCMS Cadre seeking admission against reserved seats meant for them.
(3.) CWP Nos. 8548 of 2011 and 8575 of 2011, filed by the members of HCMS, i.e. graduates from the institutions situated in State of Haryana, have been allowed by the learned Single Judge holding that the writ Petitioners cannot be denied the benefit of criteria, which has been specifically given out in the prospectus, which laid down that 10 marks are to be given to those who have acquired the degree of MBBS/BDS from Haryana. It was held that if the intention of the Respondents was to the contrary, then it should have found an expression in the prospectus, as it did in the previous years.;


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