IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 20.02.2025 Ibadat Sekhon ....Petitioner V/s State of Punjab and others ....Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Amit Jhanji, Senior Advocate with Mr. Avinit Avasthi, Advocate for the petitioner.

Mr. Saurav Khurana, Additional Advocate General, Punjab and Mr. Anurag Chopra, Additional Advocate General, Punjab.

Mr. Nitin Kaushal, Advocate for respondent No.4.

None for respondent No.6.

*****

SUMEET GOEL, JUDGE

1. The Civil Writ Petition in hand has been preferred under Articles 226/227 of the Constitution of India praying, in essence, for quashing of the Corrigendum No.5/5/2021-5HB3/1748 dated 01.08.2023 and subsequent action(s) undertaken in pursuance thereto including, admissions made by the respondent-authorities on basis thereof.

2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:

(i) The petitioner, an aspirant for admission to the MBBS/BDS course, accordingly appeared for the NEET examination for the Session

2023 onwards.

(ii) Respondent Nos.1 and 2 issued a notification dated 10.03.2023 (hereinafter to be referred as ‘10.03.2023 notification’) with respect to MBBS/BDS courses in Medical and Dental Institutes in the State of Punjab for the Session 2023 onwards. Baba Farid University of Health Sciences (hereinafter to be referred as the ‘BFUHS’) was authorized to conduct the centralized counselling for admission.

(iii) The controversy in hand hovers around the reservation criteria for the sports persons in the State quota seats for MBBS/BDS courses. Clause 15(v) of 10.03.2023 notification, pertaining to reservation in Government Medical/Dental Colleges, reads thus:

“Clause 15(v) Sports Persons Credit shall be given only for the sports achievements made during class XI and XII. The admission shall be made on the basis of inter-se merit of the candidates determined on the basis of gradation (Category A/B/C) issued by the Director of Sports, Punjab. However, for exempted categories under para 11 of this Notification, the competent authority will be Director, Sports of that State or U.T. from where the candidate has passed his class XI and XII examinations.”

Further, Clause 16(v) of the 10.03.2023 notification providing for reservation for sports persons in private Institutes/Universities (for Government/Management quota seats) for MBBS/BDS courses, reads thus:

“16. (v) Sports Persons Credit shall be given only for the sports achievements made during class XI and XII. The admission shall be made on the basis of inter-se merit of the candidates determined on the basis of gradation (Category A/B/C) issued by the Director of Sports, Punjab. However, for exempted categories under para 11 of this Notification, the competent authority will be Director, Sports of that State or U.T. from where the candidate has passed his class XI and XII examinations.”

(iv) Further, Clause 21 of the 10.03.2023 notification, laying down the regulations for admission to the MBBS/BDS course in Medical and Dental Institutes in the State of Punjab for the Session 2023 onwards, reads thus:

“21. The State Government reserves the right to amend any clause and procedure for admission.”

(v) Note-1 attached to the date schedule of the Prospectus 2023 in question reads thus:

“Note-1 Any subsequent Notification/Notice/Amendment/Corrigendum’s issued by the Govt. of Punjab/University will be followed in letter and spirit. For any update visit University website regularly”

(vi) The eligibility condition(s) as contained in the Prospectus 2023 reads thus:

“ELIGIBILITY CONDITIONS:

1. The admission to MBBS/BDS Courses shall be open to candidates who have qualified NEET-UG-2023 and eligible as per Punjab Govt. notifications and subsequent amendment(s)/corrigendum(s).

2. xxx xxx xxx 3. xxx xxx xxx

4. xxx xxx xxx”

(vii) The petitioner is stated to have applied for the Sports quota seat. (viii) Vide Corri