1990 Supreme(P&H) 336
PUNJAB & HARYANA HIGH COURT
Gokal Chand Mital and Amarjeet Chaudhary JJ.
Jatinder Mehta
Versus
State Of Punjab
Civil Writ Petition No. 5799 of 1990,
Decided On : MAY 21, 1990
The main legal point established in the judgment is the court's interpretation and application of the reservation policy for admission to Post-graduate Courses, emphasizing the importance of adhering to the guidelines outlined in the official brochure.
Headnote:
Reservation - Admission to Post-graduate Courses - The court allowed the petition and directed the respondents to fill up the seats falling to the share of the Backward Classes mentioned at serial Nos. 15, 35, 55 and so on, and if the petitioner is entitled to admission to the Courses, he shall be given admission without any delay.
Fact of the Case:
The petitioner, a PCMS-II doctor belonging to the Backward Classes, sought admission to Post-graduate Degree/Diploma Courses at Punjab State Medical College but was denied admission under the reserved category contained in the brochure issued by the State Government.
Finding of the Court:
The court found the stand taken by the respondents to be totally perverse and not in line with the brochure issued for admission to the Courses. It allowed the petition and directed the respondents to fill up the seats falling to the share of the Backward Classes and provide admission to the petitioner without delay.
Issues: The issue revolved around the eligibility for admission to Post-graduate Courses under the reserved category for PCMS-II doctors belonging to the Backward Classes, and the interpretation of the reservation policy based on family income criteria.
Ratio Decidendi: The court held that the reservation policy for admission to Post-graduate Courses was clearly outlined in the brochure issued by the State Government, and the respondents' interpretation based on family income criteria was deemed perverse and not in line with the brochure.
Final Decision: The court allowed the petition, directed the respondents to fill up the seats falling to the share of the Backward Classes, and imposed exemplary cost on the respondents for their actions.
1. Annexure-P-2 is brochure issued by the State of Punjab inviting applications for admission to Post- graduate Degree / Diploma Courses at the Punjab State Medical College, Amritsar / Patiala (for short the Courses) for the Session 1990. Therein it is provided that all PCMS-II doctors who have served the State for a minimum period of three years rural regular service will be eligible for admission to the Courses and the quota for such doctors will be 60 per cent after deducting 25 per cent. of the total seats meant for the candidates to be taken through a Competitive Entrance Examination on all-India basis. The brochure in the end further provides, "in 60 per cent, quota after adjusting Registrars / Demonstrators, remaining vacant seats will be pooled and seats falling at serial Nos. 1, 5, 9 and so on, will be reserved for the candidates belonging to the Scheduled Castes, serial Nos.15, 35 and 55 and so on, will be reserved for the Backward Class candidates and those at serial Nos. 39, 87 and so on, will be reserved for the riot-affected / terrorists-affected displaced persons. Similarly, in 40 per cent. quota, same points will be reserved for these categories".
2. A reading of the aforesaid quotation shows that the posts available at serial Nos.15, 35 and 55 are to be given to the Backward Class candidates. The petitioner belongs to the Backward Classes; he is a PCMS-II doctor and has served for more than three years rural/regular service. He sought admission to the Courses aforesaid. The petitioner had to approach this Court because he was denied the admission under the reserved category contained in the brochure issued by the State Government.
3. Dr. Ajmer Singh, Principal, Government Medical College, Patiala has filed written statement on his own behalf and on behalf of the remaining two respondents. Therein, the stand taken by the respondents is that only those candidates can take benefit of reservation policy whose family income is not more than Rs. 6,000/- per annum and in support of this assertion, reliance has been placed on a letter from the Secretary to Government, Punjab, Social Welfare Department dated 26/11/1974, a copy thereof appended to the written statement as Annexure-R-1.
4. We have considered the stand taken in the written statement and find that the same is totally perverse and no reasonable man on the earth, in view of the brochure (Annexure-P-2) would have come to such a conclusion. The brochure Annexure-P-2 has been issued for admission to Post-graduate Courses for 1990 and it clearly shows that a person who is in the Punjab Civil Medical Service-II can go for the Courses and for such people some reservation has been made and amongst the reserved category candidates, again some reservation has been made for the Scheduled Castes and Backward Classes etc. Not only that, the points at which the Scheduled Castes and the Backward Class persons are to be taken have also been indicated in the brochure Annexure-P-2.
5. If such a seat has to go to a person who is already in Punjab Civil Medical Service-II, it is well known to all as well as the State Government authorities making the brochure that the monthly income of a PCMS-II doctor is not less than Rs. 3,000.00. Therefore, to apply the decision of the Government in Annexure-R-1 to such doctors would be per se perverse. Moreover, a reading of Annexure-R-1 shows that these instructions are meant for admission to Colleges, that is, at the time of seeking fresh admission to Medical Colleges at the very initial stages, that is, M.B.B.S. Courses and not Post-graduate Courses.
6. For the reasons recorded above, we allow this petition and direct the respondents to fill up the seats falling to the share of the Backward Classes mentioned at serial Nos. 15, 35, 55 and so on and if the petitioner is entitled to admission to the Courses, he shall be given admission without any delay.
7. We impose exemplary cost of Rupees 2,000/- on the respondents; Rs. 1,000/ -