IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 28.01.2025 Simran Shakya ....Petitioner V/s Government Medical College and Hospital, Sector 32, Chandigarh and another ....Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Mayank Mathur, Advocate for the petitioner.

Mr. Ashish Rawal, Advocate for respondent No.1. Mr. Samarth Sagar, Advocate for respondent No.2.

*****

SUMEET GOEL, JUDGE

1. The substantive prayer made in the writ petition in hand reads, thus:-

“(A) Issue a writ under Article 226 of Constitution of India in the nature of certiorari for quashing of order dated 09.09.2016 (Annexure P-1) passed by the Director Principal of respondent no.1, vide which the petitioner’s admission in MMBS (sic. MBBS) course (1^st year) in Schedule Caste quota allocated to the U.T. Chandigarh pool has been provisionally cancelled for accommodating respondent no.2 who is admittedly an OBC Candidate.

(B) Issue a direction for staying the operation of the impugned order, dated 09.09.2016 (Annexure P-1) during the pendency of the present writ petition, so that the petitioner can attend her regular classes. ”

2. Vide order dated 14.09.2016, earlier passed by this Court, notice of motion was issued and the petitioner was extended an interim order that she would be permitted to attend the classes, provisionally, subject to final decision of the writ petition. The said order reads thus:

“Places reliance upon pendency of CWP-18187-2016, which has been adjourned for 21.09.2016. It is submitted that admission granted to the petitioner has been provisionally cancelled, without issuing any show cause notice, on account of the orders passed in the above-mentioned case on 02/07.09.2016 (Annexure P2).

Notice of motion.

Mr.Ashish Rawal, Advocate, and Mr.Rakesh Verma, Advocate, accept notice on behalf of respondents No.1 & 2, respectively and pray for time to file replies.

Mr.Rawal further submits that the impugned order has been kept in abeyance, as per instructions from the Law Officer, Shri Yadvinder Singh.

Keeping in view the above undertaking, the petitioner will be permitted to attend classes, provisionally, subject to final decision of the writ petition. It is made clear that this order is purely provisional and shall not create any right of equity, in favour of the petitioner.

To be heard along with CWP-18187-2016 on 21.09.2016.

Pleadings be completed in the meantime.”

2.1. Thereafter, vide order dated 28.09.2017 earlier passed by this Court, the writ petition was admitted, relevant whereof reads thus:

“Heard.

In view of the fact that question of providing reservation is still under consideration of the University authorities, let this petition be ‘admitted’

List for final hearing on 17.03.2018.

Interim order to continue.

The result of the petitioner(s) shall be declared provisionally and if need be, the petitioner(s) shall be allowed to appear/re-appear in the examinations and shall also be permitted to admit in the next semester.

Let a copy of this order be placed in the file of connected matter.”

2.2. The respondent No.2 had preferred Civil Appeal Nos.8234- 8235-2023 before the Hon’ble Supreme Court against the interim order dated 24.08.2023 passed in CM-2496-2022 and CM-18869-2022, which came to be disposed off vide order dated 02.11.2024 passed by the Hon’ble Supreme Court, relevant whereof reads thus:

“5. Taking note of the fact that the appellant has to produce the M.B.B.S. degree certificate for counseling for admission in Post-Graduate course, we are of the considered vie that respondent No.7 can be directed to issue a provisional degree certificate to the appellant, subject to the outcome of the pending Writ Petition No.18187/2016 pending before the High Court of Punjab and Haryana. Ordered accordingly. In view of the urgency of the matter, it shall be done on or before 09.12.2024.

6. Since the CWP No.18187/2016 is pending before the High Court of Punjab and Haryana since 2016, we