CWP No.14164 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.14164 of 2011 (O&M) Date of decision:24.08.2011 Shivani Saini and another ..... Petitioners Versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr.Pritam Saini, Advocate for the petitioners. Ms.Shruti Jain, AAG, Haryana for the State. Mr.Ramesh Hooda, Advocate for respondent No.3. Mr.Rajiv Atma Ram, Senior Advocate with Mr.Arjun Partap Atma Ram, Advocate for the added respondent. ***** RAJIVE BHALLA, J. (ORAL) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the notification dated 29.07.2011. I have heard counsel for the parties, perused the impugned notification and the paper book. Clause (4) of the notification dated 18.04.2011 (Annexure P- 6), reads as follows: - “In case sufficient candidates do not become available on the basis of the test conducted by the State Agency i.e. Pt.B.D.Sharma University of Health Sciences, Rohtak, such remaining seats may be filled up by the colleges in accordance with the procedure prescribed for filling up 25% seats.” As per Clause (4) of the notification, the remaining seats shall be filled up by the colleges in accordance with the procedure prescribed CWP No.14164 of 2011 (O&M) -2- for filing up 25% seats under Clause (3) of the notification. Clause (3) of the notification reads as follows: - “Remaining 25% seats shall be filled up by the respective Private Medical & Dental Colleges at their level on the basis of the merit of marks obtained in qualifying subject to the condition that minimum eligibility criteria as mandated by the Dental Council of India and Medical Council of India shall be adhered to. The State Admission Committee will oversee the counseling process for filling up of these seats.” The above notification was modified by notification dated 27.06.2011 (Annexure P-7). The notification dated 27.06.2011, reads as follows: - “In partial modification of the Government notification dated 18.4.2011 and 24.06.2011 issued vide No.16/11/2010-3HB-IV, the Governor of Haryana is pleased to order that in the admission for MBBS/BDS and BAMS Courses for the academic session 2011- 2012, 65% seats shall be filed by way of the Combined Admission Test to be conducted by the State Agency i.e. Pt.B.D.Sharma University of Health Sciences, Rohtak exclusively for the Private Medical, Dental and Ayurvedic Colleges, and remaining 35% seats (20% meant for management quota and 15% for NRI quota) shall be filled up by the respective Private Medical, Dental and Ayurvedic Colleges at their level on the basis of merit of marks obtained in qualifying examination, subject to the condition that minimum eligibility criteria as mandated by the Dental Council of India, Medical Council of India and Central Council of India Medicine shall be adhered to. The State Admission Committee will oversee the counseling process for filling up of these seats.” A perusal of the notifications reveals that admissions to the private MBBS/BDS/BAMS Courses has to be conducted in accordance with Clauses 2, 3 and 4 of the notification dated 18.04.2011, as CWP No.14164 of 2011 (O&M) -3- modified by notification dated 27.06.2011. Mr.Rajiv Atma Ram, Senior Advocate with Mr.Arjun Partap Atma Ram, Advocate, states on behalf of Association of Private Self Financed Medical Colleges that SC/ST/BC candidates who have obtained 40% marks in the qualifying examination shall be considered eligible for admission subject to the merit list prepared by the colleges. The above statement is confined to the 25% seats and to the remaining seats left behind after the second test. In view of the contents of the notification and the statement made on behalf of Association of Private Self Financed Medical Colleges, the challenge in the present petition does not survive and the writ petition is disposed of in view of the observations relating to notifications dated 18.04.2011 and 27.07.2011 and the statement recorded hereinabove. 24.08.2011 [ RAJIVE BHALLA ] shamsher JUDGE