- (1.) On 16th Feburary, 1990, an advertisement was issued by the Principal, Government Medical College, Patiala inviting applications from the Medical Graduates, as well as from the members of the P.C.M.S.-II Registrars, and Demonstrators for admission to the Postgraduates courses in the State Medical Colleges in the State of Punjab. The petitioner, who was member of the P.C.M.S. Class II service, applied for admission to the M.D. Course in Obeterics and Gynaecology against the 60% seats reserved for the in-service candidates. It is the case of the petitioner and not denied by the respondents that the petitioner's name figured in the waiting list next below the nemo of one Dr. Rupinder Sandhu for admission to the course in Obestetrics & Gynaecology. It is further the case of the petitioner that when the seat in the Postgraduate Medical Degree Course in the speciality of Obestertics and Gynaecology was offered to Dr. Rupinder Sandhu. She did not join the same and the seat remained vacant. However, the respondent - Authorities did not offer the seat to the next person on the waiting list, i.e. the petitioner. This led the petitioner to file the present writ petition.
(2.) The Motion Bench while issuing notice of motion on 30th October, 1990, gave the following interim directions regarding provisional admission to be granted to the petitioner :- "Contends that even though the candidate mentioned at No. 3 (Dr. Rupinder Sandhu) in Annexure P-2 has declined to join the course, yet the said seat is not being offered to the petitioner who is at the top of the waiting list after her. Notice of motion for 13.11.1990, Dasti also further, in case Dr. Rupinder Sandhu, referred to above, has not joined the course, the petitioner may be allowed to join the same on provisional basis subject to the result to this petition." Thereafter, the writ petition was admitted. The M.D. Course is of two years, duration. When the petitioner had completed the course, she moved a Civil Misc. Application No. 5904 of 1992, for seeking directions to the respondents to allow her to appear in the M.D. Examination conducted by the Guru Nanak Dev University. The following order was passed on the said Misc. application on 25th November, 1992 :- "Dr. Bimal Deep Kaur, petitioner, in the parent writ petition was given provisional admission to the Post-Graduation Course in the speciality of Obestretics and Gynaecology for the academic session 1990. Now she craves for interim relief, allowing her to appear in the annual examination commencing from 4th December, 1992. Notice to the respondents through Advocate-General, Punjab, for 30.11.1992. Meanwhile, the respondents are directed to allow the petitioner to appear in the annual examination at her own risk and responsibility, but shall not declare the result till further orders. It appears to be a fit case where the registry should get an order from the Hon'ble Chief Justice for early hearing of the parent writ petition." In pursuance of the order, I am told that the petitioner had taken the examination.
(3.) The learned counsel for the petitioner submitted that the petitioner being next on the waiting list to Dr. Rupinder Sandhu, had a right to be offered the seat which had fallen vacant due to the non-joining of Dr. Rupinder Sandhu. He further submitted that it is by now well settled that in the Educational Institutions, especially in professional Colleges, seats should not go a begging. He also highlighed that in fact the petitioner had not usurped anybody's right. In fact, by virtue of the interim directions of this Court, the petitioner had completed her entire course and had also taken the annual examination held in December, 1992.;