- (1.) This petition seeks a direction for quashing admission given to respondent No. 4 and to give admission to the petitioner to M.D. Medicine course. to which respondent No. 4 has been admitted.
(2.) Case of the petitioner is that he did MBBS in the year 2005 and applied for admission to M.D. Course in the year 2007. Common Entrance "Pest was held on 22.4.2007 and the petitioner secured 504 marks, while respondent No. 4 secured 460 marks. Counselling for admission under the Sikh Minority Quota was held on 29.6.2007 and the petitioner was placed at Sr. No. 4. Second counselling was held for open category seats, as a result of which the petitioner became first candidate in the waiting list for admission to the Sikh Minority Quota. Third counselling was held on 9.10.2007 and one Dr. Sheerin who had been admitted to Sikh Minority Quota, vacated the seat, as a result of which one M.D. Medicine seat became available. Respondent No. 4 was given admission ignoring the claim of the petitioner who was higher in merit. After filing of the petition, the petitioner filed affidavit dated 21.11.2007 to the effect that respondent No. 4 Charanpreet Singh was son of Dr. Gurinder Singh Grewal, who was one of the members of the Trust of respondent No. 1 Institute and on that account, respondent No. 4 was given undue benefit. With the same affidavit, letter of the University dated 8.11.2007, Annexure 'A' has been filed to this effect and letter of the Government of Punjab, Annexure B dated 31.10.2007 has also been filed stating that vacant seat was required to be filled up in fair and transparent manner strictly on merit in the presence of Chairman, Counselling Committee and representatives of the University. Further affidavit dated 27.11.2007 has been filed to the effect that on petitioner's complaint, after enquiry, the University has declared that the vacancy which became available on account of shifting of Dr. Sheerin Kaur Shah should have been given to the petitioner.
(3.) Respondent No. 1 Institute has filed a reply and further affidavits. It has been admitted that respondent No. 4 was son of Dr. Gurinder Singh Grewal, a member of the Trust running respondent No. 1 - Institute. It has also been admitted that the petitioner had been placed at Sr. No. 1 in the waiting list before third counselling. which was held on 9.10.2007 on which date, one seat was vacated by Dr. Sheerin and a notice was put up on the notice board Annexure R1/5 on 10.10.2007 itself regarding the said seat, to the following effect : "One seat under Sikh minority quota in MS General Surgery has fallen vacant. Interested eligible candidates as per merit list may contract this office by 13.10.2007 by 4 PM." A letter was also written to the petitioner being Annexure R 1/6 offering the said seat to him; which is to the following effect : "Dr. Tarundeep Singh S/o S. Ranjit Singh, C/o Dr. R.S. Marwaha, Central Potato Research Station, Post Bag No. 1, Jalandhar. One seat under Sikh Minority Quota in M. S. General Surgery has fallen vacant, if you are interested contact this office by 13.10.2007 by 4 PM." Similar letters were written to Dr. Gurshant Singh, Dr. Vaneet Kaur Sandhu who were above respondent No. 4 and also to respondent No. 4 but on 13.10.2007, a representation was received from respondent No. 4 who had made identical representation earlier also to the effect that he was entitled to admission under Institutional Preference Reservation by applying the same to the Minority Quota. This representation was considered by Five Member Counselling Committee in the light of notification dated 27.6.2007 and on that basis, respondent No. 4 was given admission on 13.10.2007, against the said seat.;