- (1.) The present judgment shall dispose of two writ petitions i.e. CWP Nos. 5554 of 2014 and 16236 of 2013 titled Genesis Institute of Dental Sciences & Research Vs. State of Punjab & another, as common questions of facts and law are involved in both the writ petitions. Facts are being taken from CWP No. 5554 of 2014, Punjab Private Self Financed Dental College Association vs. State of Punjab and others.
(2.) The present writ petition has been filed challenging the decision dated 31.12.2013 (Annexure P8) whereby, the respondent-State has rejected the representation of the petitioner for exempting it to conduct its own entrance test for admissions to MBBS and BDS courses for the academic session 2014 on account of the fact that admission is to be given on merit on the basis of the common entrance test AIPMT 2014 which was conducted on 04.05.2014 by the Central Board of Secondary Education (in short 'CBSE'). Resultantly, challenge has also been laid to the letter dated 05.11.2013 written by the Government to the CBSE whereby, it gave its willingness to participate in the AIPMT and the public notice issued on 07.11.2013 wherein, it was mentioned that admission to the State quota (85% seats) would be based on merit in the common entrance test AIPMT- 2014. The notifications dated 19.12.2013 and 23.12.2013 (Annexures P-5 and P-6), pertaining to post-graduate diploma courses and the authorization to Baba Farid University-respondent no. 3 to hold the said test for MBBS/BDS courses vide notification dated 07.03.2014 (Annexure P9) are also subject matter of challenge.
(3.) The pleaded case of the petitioner is that it is an association of Private Self Financed Dental Colleges and all private medical and dental colleges are associated with it and it is invoking the extra ordinary writ jurisdiction of this Court. The admissions to medical and dental colleges was being done by the Baba Farid University of Health Sciences (BFUHS). It was pleaded that on 05.11.2013, respondent no. 1 gave its consent for participating in All India Pre Medical/Pre Dental Entrance Test (AIPMT) to be held on 04.05.2014 for filling up 15% All India quota seats. With regard to the 85% State quota seats, a public notice was issued on 07.11.2013 (Annexure P3) that admissions in all Government/Private colleges for MBBS/BDS courses would be based on merit of AIPMT. The petitioner being a body/association of the private medical colleges, was entitled for giving its choice for conducting its own examination as per directions of the Apex Court in Priya Gupta vs. State of Chhattisgarh, 2012 7 SCC 433and accordingly, a representation was filed on 26.11.2013 (Annexure P-4) for conducting its own entrance examination. Without considering the representation, notification dated 19.12.2013 was issued for admission in Post Graduate course (Dental Science) for session 2014 on the basis of merit obtained in All India Post Graduate Dental Exam (AIPGDEE) and authority to conduct centralized counseling was given to respondent no. 3- Baba Farid University of Health Sciences. Similarly, notification dated 23.12.2013 (Annexure P6) was issued for admission in Post Graduate Degree/Diploma courses in the Health Sciences Educational Institutions (Medical) for the session 2014 on the basis of merit in the All India Post Graduate Medical Entrance Examination (AIPGMEE-2014). A public notice was also issued that admission would be based on the common entrance test to the Post Graduate Courses in Dental Colleges/Private Institutes in the State of Punjab on the strength of the Examination conducted on 04.05.2014 by the All India Institute of Medical Sciences, New Delhi (its acronym, 'AIPGDEE'). The representation of the petitioner was rejected on 31.12.2013 (Annexure P8) and thereafter vide notification dated 07.03.2014 (Annexure P9), notification with regard to admission to MBBS/BDS courses has also been issued on the basis of merit in AIPMT to the Medical/Dental Institutes in the State of Punjab including the ones affiliated to private universities.;