Viney Mittal, J. - (1.) The grievance of the petitioner is that although under 40% quota went for fresh graduates, a seat in Govt. Medical College, Amritsar was still available, but the petitioner was being denied admission wrongly and without any justification.
(2.) The claim of the petitioner has been contested by the respondents. The following averments made in the written statement, taken by way of preliminary objection may be noticed as follows: 1. That the Hon'ble Supreme Court of India in Madhu Singh's case has approved the post graduate admission schedule and directed that post graduate admission process be completed by 31st May of the relevant academic session. However the revised schedule has been approved by the Hon'ble Supreme Court of India in the case of Amit Gupta and Ors. and directed that post graduate admission process be completed by 30th June, 2006 for the session 2006-07. Therefore, no admission can be made after 30.6.2006. 2. That the post graduate seats in various courses are counted by the respective Principal of Medical Colleges on the basis of availability of eligible teachers in the respective specialty. The Principal, Govt. Medical College, Amritsar sent the list of seats in P.G courses session 2006 to the Baba Farid University of Health Sciences, Faridkot and the university published the same in Prospectus for P.G.E.T 2006. The first counseling was scheduled for 26 & 27 May, 2006. The Principal, Govt. Medical College, Amritsar vide letter No. 1516/T-46 dated 22.5.2006 sent revised distribution of seats in P.G Course session 2006 due to transfer of eligible teachers from Govt. Medical College, Amritsar to other colleges and also informed that one set has been decreased in M.D (Obst. & Gynae) due to the transfer of Dr. Sujata Sharma, Prof. Obst. & Gynae to GGS Medical College, Faridkot. Therefore, the selection committee has rightly filled up the seats as available on 26.5.2006.
(3.) That the petitioner, is low in merit and cannot claim admission in M.D (Obst. & Gynae) over and above the merit of other meritorious candidates, as the petitioner is on merit No. 36 under 40% quota seats, the last candidate selected in M.D (Obst. & Gynae) on merit No. 8, therefore, there are many candidates between merit No. 8 and 36 who can claim admission in M.D (Obst. & Gynae). 3. From the stand taken by the respondents, we find that the first counselling was scheduled for May 26/27, 2006 and the seats had to be determined keeping in view the faculty strength at that point of time. The respondents have maintained that keeping in view the faculty strength only 3 seats were available and as such they were filled up. Merely because another Member from the faculty had become available later on, would not be a ground to increase the seats which were decided to be filled up at the time of first counseling. The respondents have also maintained that the merit of the petitioner is low and her merit position is No. 36 and therefore, as per the merit position, the petitioner cannot claim admission in M.D (Obst. & Gynae). ;