CWP No.9420 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh Date of decision: 30.11.2009 Dr.Ibadat Preet Kaur ... Petitioner Vs. State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Aman Inder Preet Singh, Advocate,for the petitioner. Mr. PC Goyal, Addl. AG, Punjab, for the respondent Nos.1 to 3, 5 and 6. Ms.Pooja Bishnoi, Advocate,for Mr.Anupam Gupta,Advocate,for respondent No.4. Mr.Kanwaljit Singh, Sr.Advocate, with Mr.Harmanjit Singh, Advocate, for respondent No.7. PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. The petitioner has challenged the selection of respondent No.7 for the PG Course i.e. MDS in the Government Medical College, Amritsar in the discipline of Conservative Dentistry under the Institutional Preference Category. The petitioner also applied for the admission to PG Course under the Institutional Preference Category. The petitioner has passed her BDS from the Baba Farid University of Health Sciences, Faridkot. Respondent No.7 was admitted to PG Course on the basis of counselling held on 23.04.2009. She opted for Prosthodontics discipline whereas the petitioner opted for oral surgery which was the next choice of the petitioner. The petitioner and respondent No.7 were admitted to their respective discipline CWP No.9420 of 2009 : 2 : and joined the courses. Thereafter, another counselling was held on 17.06.2009 in which the petitioner and respondent also appeared. In the meantime, four more seats became available on account of the shifting of the same from 60% quota to 40 % quota of unfilled seats. Out of four seats, two were declared as Institutional Preference Seats. One seat has been allotted to the Conservative Dentistry and another to Prosthodontics Discipline. It is alleged that respondent No.7 was not entitled to be considered against the Institutional Preference quota seats as she had passed her BDS degree from the Christian Dental College. The petitioner has relied upon the Prospectus issued by the University relating to admission under Clause 30.v of the “Explanation” (at page 63 of the Prospectus) which provides guidelines for admission to the course. Sub Clause-v of Clause 30, deals with reservation by way of Institutional Preference upto 50% seats available for General Category Candidates, which reads as under:- “(v): The reservation by way of Institutional Preference upto 50% seats available for General Category Candidates shall also be applicable in respect of other State/Private/Medical/Dental Colleges, except Christian Medical College, Ludhiana, to the candidates qualifying from the colleges of Punjab. Admission to institutional preference seats will be allowed to the candidates who had passed eligibility examination from the University i.e. Baba Farid University of Health Sciences, Faridkot.” Based upon the aforesaid clause, it is argued on behalf of the petitioner that institutional preference is available to General Category CWP No.9420 of 2009 : 3 : candidates except the candidates who have passed from Christian Medical College, Ludhiana. According to the petitioner, respondent No.7 was not eligible to be admitted to the course in institutional preference category in view of the clear stipulation in the Prospectus. Learned counsel appearing for the respondents, however, relied on the Government notification dated 19.02.2009 whereby the original clause-v of the earlier notification dated 17.03.2008 has been amended. The amended clause reads as under:- “4. In para 30 (V) the following is added in the last line after Punjab:- “Admission to institutional preference seats will be allowed to the candidates who had passed eligibility examination from the University i.e. Baba Farid University of Health Sciences, Faridkot.” It is vehemently argued on behalf of the respondents that in view of the amendment Institutional Preference Seats will be allotted to the candidates who have passed eligibility/qualifying examination from Baba Farid University of Health Sciences, Faridkot and, thus, the condition in the original Prospectus stands waived off. From the Prospectus it appears that this amendment has already been incorporated in Sub Clause-v of Clause 30 the Prospectus without changing the original condition wherein Christian Medical College was created as an exception. Even though, the intention of the Government might have been to remove the condition, however, the amendment made on 19.02.2009 only adds a condition without deleting the original stipulation in Sub Clause-v of Clause 30. It appears CWP No.9420 of 2009 : 4 : that the State Government has not clarified the position even by way of amendment. Be that as it may, as on date the petitioner also stands admitted to the MDS course, though in the discipline of Oral Surgery, whereas respondent No.7 has been admitted to discipline of Conservative Surgery. The session commenced from 19.06.2009. The first semester examination is likely to be commenced very soon. Otherwise also, in view the judgment of the Hon'ble Supreme Court in the case of Mridul Dhar (Minor) and another Vs. Union of India and others, (2005) 2 Supreme Court Cases, 65, wherein it has been held that no admission can be granted after cut off date i.e. 31st May. In view of the above, I find no merit in the present petition and the same is hereby dismissed with no order as to costs. 30.11.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES.