- (1.) This order will dispose of CWP Nos. 685, 1129 and 1282 of 1994 and arising out of substantially identical facts and raising common questions for decision.
(2.) Admission to MBBS, BDS and BAMS in various Govt. Colleges in the State of Punjab is regulated by the State Government. Admissions are made on the basis of a common entrance test, called PMT. Seats are reserved for various categories of students. The present writ petitions relate to admission to MBBS/BDS Courses for the session commencing 1993. Prospectus was published in May 1993 by the Punjabi University, Patiala, which was entrusted with the duty of holding the PMT as well as finalising the admissions. The last date for receipt of applications was June 15, 1993. PMT was held on July 10, 1993. Apart from 15 per cent of the total seats which were to be filled on all India basis to be conducted by the Central Board of Secondary Education, the remaining seats were subject to reservations specified in the prospectus. The various categories of reservation included backward classes to the extent of 5 per cent. There was a total number of 350 seats in three Medical Colleges of the State for MBBS and 80 seats for BDS. In these writ petitions we are not concerned with BAMS seats. The petitioners belong to one or the other Backward Classes. Candidates applying for a seat in the Backward Classes category were required to produce a certificate in the prescribed form with regard to being within the family income of the ceiling limits as notified by the Department of Welfare of Scheduled Castes and Backward Classes, Punjab, from time to time. It is common ground that at the relevant time the notification in force as dated November 6, 1974 (Annexure P-3/A to CWP Nos. 685 of 1994). The ceiling of income was Rs. 6,000/- per annum. Admitted case of all the three petitioners in these writ petitions is that even though they belonged to one or more of the backward classes, they applied for admission against the general category. They could not apply for admission to the backward classes category on account of the fact that the father of petitioner in CWP No. 685 and that of petitioner in CWP No. 1282 were in government service and their income was more than the ceiling limit fixed at the relevant time. The third petitioner, Rupinder Jeet Kaur, also submitted only a certificate regarding her being a member of one of the backward classes but she did not file the requisite income certificate. Sumit Pal Singh (Petitioner in CWP No. 685) appeared under Roll No. 4209 and secured 177.75 marks in PMT. Rupinder Jeet Kaur (petitioner in CWP No. 1129) appeared under Roll No. 12177. She secured 158 marks (according to written statement she secured 157 marks). Arshdeep Singh (petitioner in CWP No. 1282) appeared under Roll No. 10402 and secured 170.25 marks. The grievances of the petitioners are : (1) As per the Prospectus the number of seats available for backward classes category was 5 per cent of the total number of seats and it was not open to the authorities to work out the number of seats for the said category after deducting 15 per cent seats for being filled on all India basis. (2) Action of the authorities in adjusting one seat from out of the classes category to the aforesaid 15 per cent quota, purporting to act in compliance with the direction of the Supreme Court in Surabh Mathur etc. v. Director General of Health Services and another, CWP No. 48 of 1993 dated July 23, 1993, was illegal inasmuch as there was no warrant to take away a seat from the said reserved category without touching the other reserved categories. (3) The ceiling limit regarding income having been quashed by a Divisional Bench of this Court in CWP No.10271 of 1993 decided on November 17 1993, the petitioners were entitled to be considered in the aforesaid reserved category irrespective of the fact that they did not file the requisite backward classes certificate with the condition of the ceiling of income.
(3.) A number of candidates challenged the income amount of Rs. 6,000/- fixed under Government notification Annexure P-2 dated November 6, 1974. The Writ petitions were allowed by a Division Bench comprising M.S. Liberhan and H.S. Brar, JJ. by order dated November 17, 1993. The Bench quashed the condition with respect to production of certificate of income for getting admission against the quota reserved for backward classes. It was left open to the State to fix a fresh economic criteria after taking into consideration relevant factors. It was further stated that the admissions for the session 1993-94 for the candidates having competed against the reserved quota of backward classes shall be granted according to the merits obtained by the candidates in the PMT irrespective of the income of their parents. Following the above judgement, the authorities issued public notice including a notice published in The Tribune dated December 17, 1993, calling upon backward classes candidates to produce their backward class certificates in the office of the Principal, Government Medical College, Patiala, on December 23, 1993, for verification of the original certificates. The petitioners having failed to secure admission filed the present writ petitions.;