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2025 Supreme(P&H) 687

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHEEL NAGU, CJ. AND SUMEET GOEL, J.
Samarveer Singh – Appellant
Versus
State of Punjab And Others – Respondent
CWP-34334-2024 (O&M)
Decided on : 27-01-2025

Advocates Appeared:
For the Appellant :Mr. D.S. Patwalia, Senior Advocate with Mr. A.S. Chadha, Advocate
For the Respondent:Mr. Anurag Chopra, Additional Advocate General, Punjab. Mr. Nitin Kaushal, Advocate (through V.C.) with Mr. Sahil, Advocate

JUDGMENT :

Sumeet Goel, J.

1. The petitioner has preferred the instant writ petition in the nature of certiorari, seeking quashing of letter/order dated 11.12.2024 (Annexure P-13), whereby respondent No.4 has cancelled the admission of the petitioner in respondent No.3-College for the Session 2024 onwards. Additionally; the petitioner seeks the issuance of an appropriate writ, order or direction, including a writ in the nature of mandamus; directing respondent Nos.3 and 4 to permit the petitioner to attend classes/lectures of the MBBS course and to refrain from taking any punitive action against the petitioner on account of any shortage in attendance.

2. Shorn of the non-essential details; the facts of the case which need recital are that the petitioner (herein) had appeared in the National Eligibility-cum-Entrance Test (UG)-2024, and secured 456 out of a total of 720 marks. The petitioner applied for the admission under the 50% State Quota in the Freedom Fighters category. The Baba Farid University of Health Sciences (hereinafter to be referred as BFUHS')-respondent No.2 (herein), was designated by the State of Punjab, as the authority for conducting counselling and carrying out admission of the medical students, across the State of Punjab, to facilitate the process. The petitioner, duly applied for admission under the State Quota, through online portal of BFUHS, paid the requisite fee and participated in the online counselling process.

2.1. Following the first round of online counselling, the petitioner received a provisional allotment letter dated 31.08.2024 (Annexure P-5) and was allocated a seat under the Freedom Fighters category in the Government Medical College at Amritsar under the Government Quota. Subsequently, the petitioner was issued a provisional admission slip dated 03.09.2024 (Annexure P-6) and after completion of all the required formalities and document verification by the respondent No.3-College, a final admission certificate was issued to the petitioner.

2.2. After verification of all the documents and recommendation of BFUHS, the Principal of the Government Medical College, Amritsar, issued a letter dated 10.10.2024 (Annexure P-9) to the Registrar, BFUHS, seeking clarification regarding the admission of the petitioner under the Freedom Fighters category. The Registrar, upon clarification, directed respondent Nos.3 and 4 to allow the petitioner to join the MBBS course for the academic Session of 2024 with immediate effect. However, respondent No.4 again raised objections regarding the admission of the petitioner through a letter dated 22.10.2024. In response, the Registrar reiterated its earlier directions through a letter dated 24.10.2024 (Annexure P-11), instructing the respondent No.4 to permit the petitioner to join the course without any further delay.

2.3. Despite the aforesaid clear directives by respondent No.2, the respondent No.4 chose to cancel the admission of the petitioner vide impugned letter/order dated 11.12.2024 (Annexure P-13), on the basis of letter dated 14.09.1995 (Annexure P-14).

3. Learned senior counsel for the petitioner has iterated that the documents of the petitioner, including the certificate endorsing certifying him as the grandson of a freedom fighter, were duly uploaded on the online portal during the counselling process. It has been further argued that the respondent No.2 verified the documents and allotted respondent No.3-College to the petitioner and issued him a provisional admission slip. Furthermore, after additional verification by the Committee constituted by respondent No.3-College, the petitioner was issued a final admission certificate. According to the learned senior counsel; despite clear directions from the respondent No.2 to allow the petitioner to join the College, the respondent No.4 arbitrarily cancelled his admission, without any authority. Learned senior counsel has further submitted that the impugned order dated 11.12.2024 (Annexure P-13) has wrongly cancelled

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