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2015 Supreme(P&H) 350
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mrs. Justice Lisa Gill
LPA No.919 of 2015 (O&M) in CWP No.7195 of 2015
Aditi Sharma & Ors.
v.
State of Punjab & Ors.
{Decided on 02/07/2015}
For the Respondent Nos.1 & 2 – State: Mr. Vinod S. Bhardwaj, Additional AG, Punjab.
For the Respondent No.3 for Baba Farid
University of Health Sciences, Faridkot:Mr. Manish Dadwal, Advocate.
For the Respondent No.4 – Dental
Council of India:Mr. Gurminder Singh, Senior Advocate, with Mr. Yagyadeep, Advocate.
Headnote:(A) Education Law--Admission--BDS Course--As per prospects and instruction by State and Dental Council admission was to be given as per merit in Common Entrance Test--However, private institutes gave admission to candidates, who have not even appeared in AIPMT or Special Entrance Test--Admission given on basis of marks in 10+2 set aside--Held;
(i) Such admissions are in gross violation of the Punjab Government Notification;
(ii) Institutes directed to refund the fee deposited along with Rs.50,000/- per student as an Interim Compensation for wasting the precious academic life of the students;
(iii) Institutes were already informed not to make admissions on the basis of marks in the qualifying examination and also that not to send even registration return of students--Therefore, students cannot claim any indulgence in the face of illegalities committed by private institutes as their admissions were in violation of Act and notification there under;
(iv) Merely because institutes were not able to admit students in terms of statutory regulation, such fact cannot be treated as an exceptional circumstances.
(B) Education Law--Admission--Common Entrance Exam--Keeping in view the objective to be achieved, the competitive entrance examination is mandatory in a State where there are different boards conducting qualifying examination and numerous private dental colleges--The competitive entrance examination is absolutely necessary in the cases of institution of All India character for the reason that there are different Boards conducting qualifying examination and numerous Dental colleges--Therefore, common entrance test provides a uniform method of evaluation for the purposes of admission. (Para 25)
(C) Education Law--Admission--Prospects--The admissions for each year is based upon the prospectus issued for that year--The prospectus issued has the force of law--Therefore, the basis of admissions in the previous years cannot be made basis to challenge the present admission process, which is in fact based upon the statutory provisions of the Act. (Para 26)
Mr. Hemant Gupta, J.: - All the afore-mentioned appeals preferred under Clause X of the Letters Patent arise out of an order passed by the learned Single Judge of this Court on 15.06.2015, whereby writ petitions filed by the appellants raising identical questions of law and facts were dismissed. However, for the facility of reference to decide these set of appeals, the facts are taken from LPA No.919 of 2015 arising out of CWP No.7195 of 2015.
2. Appellant Nos.1 to 64, the students in Sri Sukhmani College and Hospital, Dera Bassi, District SAS Nagar (Mohali) filed a writ petition through their attorney, who is an Administrative Officer of the private college, whereas appellant No.65 is an Association of Private Self - Financed Dental and Medical Colleges located in the State of Punjab. Appellant No.65 – Association is said to have 12 member Colleges as mentioned in para 1 of the writ petition.
3. The issue in respect of admissions to the Medical and Dental Colleges and the fees charged has been subject matter of interpretation before different Courts. The Government of Punjab enacted ‘the Punjab Private Health Sciences Educational Institutions (Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006’ (for short ‘the Act’). The said Act provides for regulation of admission; fixation of fee and making of reservation in the Private Health Sciences Educational Institutions situated in the State of Punjab and for the matters connected therewith. The relevant Sections from the said Act read as under:
“2. Definitions – In this Act, unless the context otherwise requires –
xx xx
(e) ‘Management Category’ means a category comprising such seats out of the sanctioned intake of a private health sciences educational institution, as may be allocated to the management of such institution by the State Government by notification in the Official Gazette, for filling up those seats by that institution in a fair and transparent manner on the basis of the inter se merit, determined by a Common Entrance Test or Qualifying Examination, in the presence of the representative of the authority conducting the Common Entrance Test;
xx xx
(h) ‘Open Merit Category’ means a category of seats comprising such seats out of the sanctioned intake of an institution, as may be allocated by the State Government by notification in the Official Gazette, for filling up those seats in a fair and transparent manner through a centralized receipt of applications and centralized counseling on the basis of the inter se merit, determined by a Common Entrance Test or Qualifying Examination, but excluding the seats of the management category or minority category; xx xx xx
3. Regulation of admission, fixation of fee and making of reservation – (1) The State Government shall regulate admission, fix fee and make reservation for different categories in admissions to private health sciences education institutions.
(2) For the purpose of determining the fee, the State Government may require any private health sciences educational institution to furnish such information, as it may deem appropriate.
(3) The State Government shall ensure that admission in a private health sciences educational institution is made in a fair and transparent manner on the basis of the inter se merit, determined by the Common Entrance Test or Qualifying Examination, as the case may be, in accordance with the procedure, notified by the State Government in the Official Gazette;
Provided that the State Government may, by notification in the Official Gazette, exclude the diploma or certificate courses, offered the private health sciences educational institutions from the purview of the provisions of this sub-section.
(4) Notwithstanding anything contained in sub-section (3), the State Government may, exempt minority institutions from the purview of that sub-section.
(5) Consequent upon the exemption granted under sub-section (4), a common authority of the respective minority institut
