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2009 Supreme(P&H) 1505
PUNJAB & HARYANA HIGH COURT
Permod Kohli, J.
Rajesh Kumar Badhan And Another
Versus
State Of Punjab & Others -
CWP No. 5808 of 2009,
Decided On : AUGUST 26, 2009
The reservation for any class or category, either for the purpose of employment or admission to professional colleges, is a question of discretion and discretion includes not only to make or not to make reservation, but the extent of reservation as well.
Headnote:
Reservation - Admission Criteria - [Punjab Civil Medical Service] - [Indian Medical Council Act, 1956, Article 14, 15, 16] - The court discussed the eligibility criteria for admission to Postgraduate MD/MS Courses and the reservation policy for Scheduled Caste candidates. The court analyzed the conflict between the relaxed eligibility criteria for SC/BC candidates and the minimum eligibility marks for other categories, and the implications of allowing SC/BC candidates to compete in other reserved categories. The court held that the petitioners were not entitled to seek consideration under the Ex-servicemen Category based on the relaxed criteria, as it would create reservation within reservation and violate Article 14 of the Constitution of India.
Fact of the Case:
The petitioners, serving as Medical Officers in the Punjab Civil Medical Service, sought admission to Postgraduate MD/MS Courses under the Scheduled Caste category and Ex-serviceman category. They were denied admission under the Ex-serviceman category due to not meeting the minimum eligibility criteria of 50% marks in the Entrance Test.
Finding of the Court:
The court found that the petitioners were not entitled to seek consideration under the Ex-servicemen Category based on the relaxed criteria, as it would create reservation within reservation and violate Article 14 of the Constitution of India.
Issues: The main issue was whether the petitioners were entitled to seek consideration under the Ex-servicemen Category based on the relaxed eligibility criteria for SC/BC candidates.
Ratio Decidendi: The court held that the petitioners were not entitled to seek consideration under the Ex-servicemen Category based on the relaxed criteria, as it would create reservation within reservation and violate Article 14 of the Constitution of India.
Final Decision: The petition was dismissed, and the petitioners were not granted the relief prayed for. No order as to costs.
Permod Kohli, J.
1. This petition proceeds on admitted factual background. The petitioners are presently serving as Medical Officers in the Punjab Civil Medical Service which they joined on 11.3.1999 and 30.3.2006 respectively. Both of them belong to Scheduled Caste Category. Certificates of their belonging to Scheduled Caste Category have been placed on record as Annexures P-1 and P-2, respectively. It is also admitted position that their fathers are Ex-servicemen. In response to the advertisement and prospectus issued by respondent No. 2 University for admission to the Postgraduate MD/MS Courses, the petitioner submitted their applications for seeking their consideration for admission to the available Postgraduate courses. Under the prospectus, 50% of the total seats available in Government institutions are to be filled up on All India Basis through an All India Competitive Entrance Test and the remaining 40% seats are to be filled up through Post Graduate Entrance Test, known as PGET 2009. Out of 50% seats to be filled up through PGET, 60% are meant for PCMS/PCMS Dental/PDES in service doctors and the remaining 40% from Medical Graduates from Open market. Out of State quota, 25% seats are reserved for Scheduled Caste candidates, 5% for Backward Class, 3% for the Physically Handicapped, 2% for Sports Persons, 2% for Defence Personnel/Wards of Defence Personnel, 2% for Defence Personnel/Wards of Defence Personnel, 2% for Wards of Punjab Police Personnel etc. and 1% for children/grand children of freedom fighters. Clause 3 contained in Para B of the Prospectus deals with the determination of merit and preference for admission. Sub Clause 3.1 prescribes the minimum eligibility for admission which reads as under : "3.1. Candidates securing at least 50% marks in PGET-2009 will be eligible for admission. However, for SC/BC the eligibility marks shall be 40% instead of 50% in PGET-2009 for the reserve seats for these categories. Further as per Honble Supreme Court judgment reservation of any kind is not permissible for Super Speciality courses so these super speciality courses will be open for all categories.
2. The State Government has also issued the notification dated 17.3.2008 prescribing the procedure and the eligibility for admission to Postgraduate degree/diploma courses for the Session 2008 onwards. Clause 18 of the aforesaid Notification again deals with the minimum eligibility for admission on the basis of the Entrance Test which reads as under :
"18. Candidates securing at least 50% marks in the Common Entrance test, shall be Eligible for admission. However, for SC/BC candidates, the minimum eligibility marks for admission to reserved seats for the concerned category, shall be 40% instead of 50% in PGET. The SC/BC candidates having 40% marks or more but less than 50% marks, shall be considered only for seats reserved for SC candidates."
3. In the admission form filed by the petitioner for Entrance Test, they claimed their consideration under the Scheduled Caste category as also under Wards of Ex-serviceman category. They participated in the Entrance Test and secured 46% and 42% marks, respectively. It is stated that under the Ex-serviceman category represented by Code No. 23, the petitioners ranked 2 and 3 respectively. It is however, admitted position that under the Scheduled Caste Category their ranking is much below. The petitioners accordingly sought their consideration for admission under the Ex-serviceman category on the basis of their ranking. The respondents, however, refused admission to them under Ex-serviceman category on the pied on the plea that the petitioners do not possess minimum 50% marks in the Entrance Test, being the minimum eligibility criteria for admission under this a Category and to support the basis of the decision, reliance is placed upon Clause 18 of the Prospectus which, inter-alia, provides 40%, marks for admission to reserved seats instead of 50% for General and also that SC/BC can
