IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP No.4168 of 2007

Date of Decision: 23.3.2007

Navendu Goyal and another

Petitioners

versus

Christian Medical Officer and others

Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

HON'BLE MRS. JUSTICE NIRMAL YADAV

Present:

Shri Vijay Sharma, Advocate for the petitioners

Shri D.S.Patwalia, Advocate for respondent Nos.1 and 2

Shri Anupam Gupta, Advocate for respondent No.3

Shri G.S.Toor, Advocate

Shri H.C.Arora and Shri J.S.Rana, Advocates

Jasbir Singh, J. (Oral)

This order will dispose of three Civil Writ Petition bearing

Nos.4168, 4240 and 4423 of 2007, as common questions of fact and law are

involved therein. For facility of reference, the facts are being mentioned

from CWP No.4168 of 2007.

Petitioners want to get admission in Post Graduate Course with

respondent No.1. In this writ petition, a prayer has been made to quash

notice Annexure P/5, vide which, the candidates have been invited to fill up

the seats, in post graduate courses, which have become vacant after

conclusion of the first counselling.

It is apparent from the record that to fill up the seats in the Post

Graduate Program 2007, a competitive test was conducted. The petitioners,

along with many others, appeared in the same. Result was declared and

thereafter as per merit list Annexure R1/1, to select candidates, counselling

was fixed on 9.2.2007. At this stage, it will be necessary to refer to some

CWP No.4168 of 2007

-2-

provisions of the Prospectus, which deal with counselling and giving

admission thereafter, to the intending candidates:-

“Allotment of seats by person appearing (Counselling)

Admissions to PG courses are based purely on merit

1. The allotment of seats shall be made to the candidates

through personal appearance. For personal appearance

the candidates will be called in order of merit.

2. The same will be held on 9.2.2007 from 0900 AM onwards

in Christian Medical College, Ludhiana.

3. All candidates desirous of admission and having appeared

for AWT and interview are to appear personally for the

counselling.

4. The candidates will be called as per category and merit/

rank.

5. xxx xxxx xxx

6. The number of seats available in each category and in each

subject will be displayed using multimedia projector in

waiting hall of the admission office and updated as the

counselling proceeds. The primary list is also available on

www.cmcludhiana.org.

7. The candidates will have the right to chose any one of the

available seats at his/ her rank and the same will be

allotted to him/ her.

8. The mere fact that a candidate has appeared for allotment

on the notified date does not mean that the allotment will be

made to him/ her, as the same will/ shall depend upon the

CWP No.4168 of 2007

-3-

availability of seat at his/ her rank and the choices

exercised by the candidate.

9. Allotment letter and admission letter will be granted on the

same day as counselling to the candidate.

10.The allotment of seat made will be firm and final and

ordinarily seat allotted will not be changed.

11.Candidates who do not appear for the counselling (by

personal appearance) or who reject the available seats for

allotment shall forfeit any claim whatsoever on the seats

available in PG program 2007.

12.In the matter of allocation/ admission of candidates to

respective subjects and courses the decision of PG selected

committee of Christian Medical College, Ludhiana shall be

final.”

It is apparent from the provisions of the Prospectus, referred to

above, that admission has to be made purely on the basis of merit. It is

further provided that the candidates are supposed to appear in person, at the

time of counselling and if anybody fails to do so, he will lose his claim to

get admission in the course, in question. It is also provided in clause 7 that

the candidates will have a right to choose any one of the available seats at

his/ her rank and