A.P.CHOWDHRI, J. - (1.) By this judgment we propose to dispose of C.W.P. Nos. 9563 and 12914 of 1994. It would be convenient to refer to C.W.P. No. 9563 of 1994 as the question raised in the two petitions are common.
(2.) The controversy raised is whether the Dayanand Medical College and Hospital is entitled to fill seven seats with non-resident Indian students (hereinafter referred to as 'NRIs') in the facts and circumstances of this case.
(3.) The Dayanand Medical College and Hospital (for short, DMC) is being run by society which claims to be a religious minority. The said college is recognised by the Medical Council of India respondent No. 3 and is affiliated to the Punjab University. Prior to 1991-92, the College had sanctioned seats for MBBS Course. Out of them, 13 seats were filled every year by NRIs. In 1991-92 the intake was increased from 50 to 70 seats and the number of NRIs was raised to 18. From 1986-87 admission to all seats other than NRI seats was made through an entrance test held by the Punjab University as per Syndicate decision dated 20/01/1986. For 1993-94 the College filled 18 seats with NRI students. The inter se merit of NRI applicants was determined by the Punjab University on the basis of an entrance test held at Chicago (USA).;