BINDIYA MUKHIJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner took and qualified the Entrance Test to' admission to the MBBS Course for the year 1996 securing 542 marks (which put her at merit position 238), and sought admission as a candidate belonging to the General as also the Border Area Category for which 2% seats had been reserved. As per the prospectus, she gave her option (preference wise) for the Medical Colleges at Ludhiana, Patiala, Amritsar and Faridkot. She also appeared before the Admission Committee headed by the Principal, Government Medical College, Amritsar-respondent No.2 on 14th August, 1996 and was granted admission to the Government Medical College, Patiala on the basis of her merit in the reserved category. The Principal of the College, thereafter, issued a notice Annexure P-1 dated 27th August, 1996 that as per the orders of the Principal, Government Medical College, Amritsar the petitioner was to be shifted to the Guru Gobind Singh Medical College, Faridkot. This information was also conveyed to the petitioner by a telegram Annexure P-2 of even date. It is the petitioner's case that this action had been taken so as to accommodate respondent No. 5 who was also a candidate belonging to the reserved category of Border Area though he was lower in merit to her having obtained 52% marks in the Entrance Test. The petitioner has, accordingly, filed the present writ petition impugning the orders Annexure P-1 and P-2.

(2.) Notice of motion was issued in this case on 3rd September, 1996 and the petition was eventually admitted to a final hearing on 8th October, 1996 in view of the judgment cited at the bar i.e. Ritesh R Sah v. Dr. Y.L. Yamul and Ors., A.I.R. 1996 Supreme Court 1378.

(3.) On notice of motion, a reply has been filed by Dr. Sudesh Khanna, Principal of the Government Medical College, Amritsar-respondent No.2 and it has been pointed out that the petitioner had been shifted from the Government Medical College, Patiala to the Govt. Medical College, Faridkot in the light of the judgment of this Court in C.W.P. No, 10053 of 1994 Jaskaran Singh v. State of Punjab etc,2, 1995(1) S.L.P 641. It has been highlighted that the procedure for admission visualised under this judgment had been specifically accepted and had found mention in the prospectus as well. It has been explained that this judgment postulated inter-alia that candidates belonging to the reserved category who were meritorious enough to be admitted under the General Category were to be treated as General Category candidates, and as the petitioner had the requisite merit she had now been adjusted against a General Category Seat as per her merit in the Medical College, Faridkot whereas respondent No.5 Navin Sethi, who had thereby gained admission against one of the seats reserved for Border Area Candidates had been adjusted against that category in the College at Patiala. It has, nevertheless, been admitted that Navin, respondent No. 5 was lower to the petitioner in merit.