- (1.) The present judgment shall dispose of two writ petitions i.e. CWP Nos. 20407 and 18683 of 2009, as common questions of facts and law are involved in both the petitions. Facts are being taken from CWP No. 20407 of 2009, Azamal Ahamad and others vs. Baba Farid University of Health Sciences, Faridkot and others.
(2.) Challenge in the present writ petition by the students and the institute where they are studying is to the order dated 30.12.2008 (Annexure P-4) whereby, their admission in the Bachelor of Ayurvedic Medicine Science Course (BAMS) was cancelled on the ground that it was violative of Clause 5(C) xi of the PMET-2008 notification. The said order was further upheld on 02.07.2009 (Annexure P-6) and on 16.09.2009 (Annexure P-11) whereby, the university reiterated its earlier decision and stated that the admission of the six students had not been regularized. The said orders are also being challenged.
(3.) The pleaded case of the petitioners is that a notification dated 31.03.2008 for admission to MBBS/BDS/BAMS/BHMS was issued and the admission was to be done on the basis of Common Entrance Test conducted by the respondent-university. That petitioner nos. 1 to 5 were admitted on 30/31.10.2008 on the ground that they belong to backward class category of other States and had not taken the PMET and were admitted on the basis of Clause 4(C)(ii) and were non-PMET candidates and were admitted on the basis of their 10+2 examination results. No candidate from the State of Punjab was available and no PMET qualified candidate was available for admission. Petitioner no. 6-college had submitted the students' registration return on 10.11.2008 to the respondent-University, which had rejected the said return on the ground that the students belong to Backward Class category of other states and had secured less than 50% marks in Physics, Chemistry, Biology (PCB) in 10+2 examination and, therefore, they were not eligible for admission to the said course. The eligibility in the case of Scheduled Caste/Backward Class was 40% marks in PCB in the 10+2 examination upto second counseling and after the second counseling, admission is to be made to the persons who have merely qualified 10+2 examination without any minimum marks. The representation of the college dated 27.01.2009 was wrongly rejected on 02.07.2009 and the second representation was marked to the Appellate Authority and the Appellate Authority-respondent no. 2 had allowed the representation on 19.08.2009 and directed the university to take a sympathetic view. However, the university had again rejected the representation on 16.09.2009. Resultantly, the present writ petition was filed on the ground that the examinations were to commence from 30.12.2009 and roll numbers were not being issued. This Court, vide interim order dated 24.12.2009, permitted the petitioners to appear in the examination provisionally, however, it was further ordered that the said permission would not create any right or equity in favour of the petitioners and shall remain subject to the outcome of the writ petition. Thereafter, respondent no. 4 was impleaded being the Nodal Ayurvedic University for the State.;