- (1.) The petitioner, a minor son of a Central Government employee posted in Chandigarh in the office of Accountant General, Punjab, has invoked the extra-ordinary writ jurisdiction of this Court so as to seek admission against the seats meant for the Punjab residents in the MBBS Course on the basis of PMET, 2008, conducted by Baba Farid University of Health Sciences.
(2.) The petitioner has passed 10+2 examination from Chandigarh. He appeared in PMET, 2008 and obtained 599 marks out of 800 marks and his rank was 144. The total number of seats were 297. However, the petitioner was not admitted, when he appeared for counseling on 15.7.2008 for the reason that the residence certificate is not in order as per Clause 4(d)(ii) of the Prospectus. It is the case of the petitioner that the father of the petitioner is working in the office of Accountant General (Audit) Punjab having joined the said department on 8.6.1982. He has been issued residence certificate as per Clause 4(viii) of the Prospectus. Therefore, as a resident of Punjab, he is entitled to be considered for admission against the seats meant for the Punjab residents. The petitioner has produced another certificate to the effect that his father worked for 2 years 3 months in number of districts of Punjab, in connection with the affairs of the Punjab Government and, therefore, the petitioner is eligible for admission against the seats meant for the Punjab residents.
(3.) On behalf of the University, the stand is that as per the eligibility criteria, a candidate should have passed 10+1; 10+2 or its equivalent examination, as a regular candidate from a recognized institution situated in the State of Punjab, except for the exemptions, wherever applicable. Sub clause (viii) is to the effect that the candidate should be bona-fide resident of Punjab. Relevant Clauses of the Prospectus read as under :- "4. Eligibility Criteria PMET-2008 A. For PMET 2008 (COMMON CRITERIA FOR ALL COURSES) (i) The candidate should have passed 10+1 and 10+2 or its equivalent examination and the qualifying examination as a regular candidate from a recognized institution/university. The 10+2 or equivalent examination will be as per details given below. (a) to (f) XXX XXX XXX. (ii) to (v) XXX XXX XXX. (vi) Should have passed his/her 10+1 and 10+2 examination or other qualifying examination in place or 10+2, as listed in 4(A)(i)(a) to (f) above, as regular candidate from a recognized institution situated in the State of Punjab only except for the exemptions wherever applicable. The candidate would be required to submit a certificate to this effect from the Principal/Head of the institute last attended in the prescribed proforma. (vii) XXX XXX XXX. (viii) The candidate should be bona-fide resident of Punjab. The residence status of the Punjab State will be taken in terms of Punjab Government, Department of Personnel and Administrative Reforms (PP II Branch), letter No. 1/3/95-3 PPII/ 9619, dated 6th June, 1996, ID No. 1/2/96-3PP-2/8976, dated 7th July, 1998 and ID No. letter No. 1/3/95-3PP-II/81, dated 1st January, 1999 and further instructions issued by the Department, if any, and the same shall be adhered in letter and spirits in PMET. B. XXX XXX XXX. C. XXX XXX XXX. D. Exemptions under para 4 A (i)(a) to (f) for 4 A (vi) and 4(C) (ii). (i) Children/wards/dependents (whose parents are not alive) of all those regular Punjab Government employees, members of All India Services borne on Punjab Cadre, serving Judges and the employees of the Punjab and Haryana High Court, employees of Boards/Corporations/statutory bodies established by an Act of the State of Punjab, who have been holding posts outside Punjab on or before 1st January of the year of entrance test and their children/wards/dependents were compelled to do 10+1 and/or 10+2 outside Punjab. (ii) Children/wards/dependents (whose parents are not alive) of all those regular Central Government employees, employees of Boards/Corporations/statutory bodies of the Central Government who have remained posted inside Punjab for at least 2 years out of the three years preceding the year of PMET 2008 but were posted outside Punjab for some time during these three years due to which their children/wards/dependents were compelled to do 10+1 and/or 10+2 or equivalent qualifying examination outside Punjab. However, those who remained posted in Punjab continuously for these three years shall not be entitled to be exempted as they are equally placed with other Punjab Government employees posted in Punjab. (iii) xx xx xx";