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2018 Supreme(P&H) 1769
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Mahesh Grover, Rajbir Sehrawat, JJ.
Roushali Kumar and others – Petitioners
Versus
State of Punjab and others – Respondents
CWP No. 8825 & 8327 of 2018
Decided On : 09-05-2018
For the Petitioner:Mr. Gurminder Singh, Senior Advocate with Ms. Ramanpreet Singh, Advocate and Mr. Surinder Garg, Advocate
For the Respondent:Ms. Anu Pal, AAG, Ms. Savi, Advocate, Mr. S.S. Brar, Advocate
Headnote:
institutional preference - Admission to PG Medical Courses - Section 59(i)(b) of Baba Farid University of Health Sciences Act, 1998 - Summary of Acts and Sections: The court discussed the provisions of the Baba Farid University of Health Sciences Act, 1998, and the notifications issued by the Government of Punjab regarding the reservation of seats for PG medical courses. The court analyzed the concept of institutional preference and its application in the admission process, highlighting the legal provisions and their interpretations. The court upheld the University-wise institutional preference and clarified that the reservation within the State Quota was not unconstitutional.
Fact of the Case:
The petitioners challenged the notifications issued by the Registrar, Baba Farid University of Health Sciences, regarding the reservation of seats for PG medical courses. The petitioners, who had passed their MBBS exams from universities outside Punjab, claimed that they were being discriminated against in the admission process.
Finding of the Court:
The court found that the impugned notifications, which provided for University-wise institutional preference, were in compliance with the law laid down by the Supreme Court. The court upheld the reservation of seats based on institutional preference and clarified that the reservation within the State Quota was not unconstitutional.
Issues: The issues revolved around the reservation of seats for PG medical courses based on institutional preference and the alleged discrimination faced by the petitioners who had passed their MBBS exams from universities outside Punjab.
Ratio Decidendi: The court held that the University-wise institutional preference was in line with the legal framework and the judgments of the Supreme Court. The court emphasized the concept of institutional continuity in educational pursuit and upheld the reservation of seats based on institutional preference. The court also rejected the argument for reservation within reservation and upheld the notifications issued by the University and the Government of Punjab.
Final Decision: Both the writ petitions were dismissed, and the provisions impugned in the petitions were upheld by the court.
RAJBIR SEHRAWAT, J.
1. This order shall dispose of two writ petitions i.e. CWP No.8825 of 2018 – Roushali Kumar and others v. State of Punjab and others and CWP No.8327 of 2018 – Dr. Parvartan Deep Singh and others v. State of Punjab and others.
2. In CWP No.8825 of 2018, challenge has been laid to the notice/clarification dated 09.03.2018 issued by the Registrar, Baba Farid University of Health Sciences, Faridkot. The contents of this clarification which; is attached as Annexure P7; read as follows:-
“(1) In the meeting held on 22.02.2018 in O/O PSMER, Government of Punjab, Chandigarh, a point was raised regarding reservation of 50% seats for the State quota. It was clarified that 50% of seats are to be filled by way of all India seats where candidates from all over the country can apply. Rest 50% of seats are of State quota and available to be filled by way of institutional preference from the students who have passed their qualifying examination from Baba Farid University of Health Sciences. It was further clarified that alongwith Baba Farid University of Health Sciences, the candidates who have passed their qualifying examinations from other Universities established by statues of State of Punjab and in the State of Punjab shall also be eligible under this category. However, it was also clarified that institutional preference will first be given to a candidate of the respective university. For example, if a student has passed out from Baba Farid University of Health Sciences, Faridkot or Guru Nanak Dev University, Amritsar or Punjab University, Chandigarh or Punjabi University, Patiala (in terms of Section 59(i)(b) of Baba Farid University of Health Sciences Act, 1998) then that student will get first preference in colleges affiliated to Baba Farid University of Health Sciences. Similarly this will be applicable to other Universities like Adesh University or SGRD University etc. It was also clarified that seats of Government quota in private Medical/Dental Colleges will be filled by way of Institutional preference as already clarified above.
(2) Vide Memo No.26/12/94-252/1185391/1 dated 04.03.2018, Department of Health and Family Welfare, Government of Punjab has stated that for in-services candidates (PCMS/PCMS Dental) incentive shall be given up to 30% of total marks obtained in NEET PG 2018 for admission to PG Diploma/Degree courses.”
3. To lay the factual basis for the challenge, the petitioners have pleaded that the petitioners had taken admission to the MBBS Course in 2012 through the admission process conducted by Baba Farid University of Health Sciences only. Adesh Institute of Medical Sciences and Research, Bathinda; was one of the affiliated Colleges under Baba Farid University at that time. As per their merit, they had taken admission in Adesh Institute of Medical Sciences and Research, Bathinda. However, subsequently vide Act No.06/2012, State of Punjab enacted `Adesh University Act, 2012' whereby Adesh University was established as a private University and Adesh Institute of Medical Sciences and Research was affiliated to this private University as a constituent College. Now the petitioners have already completed their MBBS Course. They were desirous of getting admission to PG (Medical) Courses after completing their MBBS Course. To carry out the process of admission to PG (Medical Courses), the National Board of Examination had conducted National Eligibility-cum-Entrance Test (Post Graduate) (for short, `NEET-PG') Examination on 07.01.2018. The notice issued for NEET-PG-2018 provided that 50% seats shall be filled up on All India basis and 50% seats shall go to State Quota; which shall be filled as per the conditions prescribed by the State Government; but on the basis of merit of the candidates of the NEET-PG Exam. Government of Punjab, Department of Medical Education and Research; issued a notificat
