RAJIV NARAIN RAINA,J - (1.) THE prayer in this petition is for the issuance of a writ of certiorari quashing the admission of Mohmeet Singh Brar � respondent no.4 in Post Graduate course of M.D. (Medicine). The prayer is based on the plea that the 4th respondent is lower in merit and ranking than the petitioner. Still further, a writ of mandamus is prayed for to grant the admission to the petitioner in M.D. (Medicine) by shifting the 4th respondent to M.D. (Anesthesia), which course the petitioner is presently pursuing for the last one year in the academic session 2011-2012.
(2.) THE brief facts are that the petitioner did MBBS from Dayanand Medical College & Hospital, Ludhiana and internship in December 2010. He is eligible for admission in MD/MS courses. That PGET-2011 was conducted on 20.02.2011. The result was declared on 23.02.2011. The petitioner applied under the 40% open quota. He was declared successful in qualifying the entrance test by obtaining 588 marks. His overall rank was 99. Later on his ranking was re-fixed at 92. These facts are not disputed. A few students seeking admission in the same academic session 2011-12 filed CWP No.5989 of 2011 titled Nehpreet Kaur vs. State of Punjab and others challenging Clause 26(a) of the notification/prospectus contending that leftover NRI seats on conversion into management seats should not suffer NRI quota fee. This Court vide order dated 25.05.2011 allowed the writ petition. The following directions were issued:- "if no NRI is available, seat in the said quota cannot be filled by a charging NRI fee. Filling up of seats has to be consistent with the rules as may be applicable. We make it clear that any contrary direction in the notification dated 10.1.2011 of the state govt. will not be operative." The change in law was duly notified on the website of the University. It would be apposite to mention that on 07.04.2011 first counselling for MD/MS courses was conducted by a Selection Committee appointed by the respondent � Baba Farid University of Health Sciences Faridkot. The petitioner could not get the desired speciality of Medicine/Paediatrics/Ortho in first counselling and he was offered a seat in ENT with benefit of second counselling yet available. The second counselling was held on 31.5.2011. Before second counselling one seat of M.D. (Medicine) was left vacant in NRI category which according to the notification had to go to special management quota. It was the complaint of the petitioner that during the second counselling, the detail of seats was not made available by display on the notice board as was done at the time of first counselling. When the petitioner's turn came the leftover NRI seat of M.D (Medicine) was shown to be as NRI seat and the petitioner alleges that he was told that for taking this seat, he has to pay the full fee applicable to NRI candidates. He pleads that parents were not made accessable inside the counselling hall for consultation who ultimately have to bear the brunt of fee. Petitioner was not able to pay such a huge fee so he opted for the seat of M.D. (Anesthesia). It is this alleged NRI seat that the petitioner hounds in this petition and hankers after. It is this seat according to the petitioner that has gone to the 4th respondent with rank 182 in a prestigious clinical subject. He submits that his father Ajit Singh Khurana (an Orthopaedic doctor) made a representation to the Vice Chancellor of the University on 06.06.2011 against this alleged irregularity in the admission. It is the petitioner's case that had he known that the leftover NRI seat would be charged at the lower rate of management quota he would have readily opted for that seat. He would, however, to my mind still have to contend with the fact that before the date of counselling, more specifically six days before the date of counselling, this Court had altered the fee structure of leftover NRI seats on conversion into management seats. Regulation 37(c) is the operative provision which reads as follows:- "(c) Any seats remaining vacant under NRI/Sports quota two days before to the last date of admission in State Colleges shall go to general pool and in the Private colleges shall go to the special management/minority quota."
(3.) IN my view, the petitioner cannot be heard to complain that he did not know of the judgment of this Court and its impact on fee or of the public notice (P-3) issued by the respondent � University which reads thus:- "NRI Quota seats of MD/MS/Dip./MDS Courses � 2011 Applications are invited from NRI candidates as per proforma available on university website upto 30.05.2011 by 10.00 AM at BFUHS, Faridkot. In case NRI seats are not filled then these seats will be filled up as per orders of Hon'ble Punjab and Haryana High Court in CWP No.5989 of 2011, dated 25.05.2011, the operative part of which is reproduced as under:"if no NRI is available, seat in the said quota cannot be filled up by charging NRI fee. Filling up of seats has to be consistent with the Rules as may be applicable. We make it clear that any contrary direction in the notification dated 10.1.2011 of the State Govt. will not be operative." Counselling for NRI & unfilled NRI seats will be held on 30.05.11 at 11.00 Registrar" AM (MDS) and 31.05.11 at 9.00 AM (MD/MS/Dip.);