- (1.) The petitioner has sought a mandate against the State of Punjab, Government Medical College, Amritsar and the Directorate General of Health Services, Government of India, to admit him to the M. B. B. S. Course in Government Medical College,' Amritsar, in this writ petition under Articles 226/227 of the Constitution of India.
(2.) The facts: 15% seats in the Medical Colleges all over India were to be filled on the basis of All India Entrance Examination. The petitioner appeared in the examination, which was held on May 10,1992 and was declared successful. He was allocated a seat in Calicut Medical College, Calicut. He joined the allotted college. He submitted an application for change of College before December 28, 1992 to the Directorate General of Health, Medical Examination Cell, Nirman Bhawan, New Delhi, who has been arrayed as respondent No. 3 to the writ petition. Copy of this application will be appendix 'A' to the judgment. This application was considered by respondent No. 3 and vide letter, dated January 25,1993, the petitioner was informed that his request has been accepted and he has been reallocated to the M.B.B.S. Course at (College Code 057) Medical College, Faridkot. Copy of the order passed by respondent No. 3 will be appendix 'B' to the judgment. Respondent No. 3 also informed respondent No. 1 vide letter, dated February 10,1993, a copy of which will be Appendix 'C' to the writ petition, that the petitioner could not be allowed to continue, at Medical College, Amritsar on All India quota - 1992. The petitioner anticipated that his request for change of College would be allowed by respondent No. 3 moved this court on November 12, 1992. The writ petition came up for motion hearing before a Bench of this court on November 13,1992 and the following order was passed: "Notice of motion to respondents No. 1 and 2 only for 23.11.1992 in view of the averments made in para 11 of the writ petition. Dasti process only." The order of the Motion Bench suggests that it was represented before it that only respondent Nos. 1 and 2 are the concerned authorities and they have to take a final decision in the matter. The petitioner's counsel did not inform the Bench that the final decision for re-allocation of Medical College was to be taken by respondent No. 3. It is not apparent as to for what reason, it was not disclosed to the Bench that respondent No. 3 was the necessary party and no order could be passed by the Court without hearing it. The file reveals that thereafter the case was adjourned either on the request of the petitioner or at the request of the Assistant Advocate General, who appeared for respondent Nos. 1 and 2. On December 14, 1992, the following order was passed:- "Despite repeated adjournments, written statement has not been filed. Mr. Jain states that he has not been able to get instructions in the matter Admitted. Since it is an admission matter and the career of a student is involved, it is directed that the petitioner is to be granted provisional admission to MBBS, Course in Govt. Medical College, Amritsar which will be subject to the decision of the writ petition. However, it shall not be cited as a precedent in future."
(3.) It appears that after the writ petition had been admitted to hearing, notice was issued to respondent No. 3 on May 19, 1993. Civil Miscellaneous Application No. 3919 of 1993 was moved by Shri Harinder Singh Giani, Senior Panel counsel for Union of India for filing written statement on behalf of respondent No. 3.;