IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 11114 of 2008 (O&M) Date of decision : 2nd September, 2008 Dr. Gagandeep Singh Thind … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rajive Atma Ram, Senior Advocate with Mr. G.C. Gupta, Advocate for the petitioner. Ms. Sudeepti Sharma, AAG, Punjab for respondents No.1 and 2. Mr. Ashish Rawal, Advocate for respondent No.3. Mr. Ashok Aggarwal, Senior Advocate with Mr. J.S. Sidhu, Advocate for respondent No.4. Mr. S.S. Saini, Advocate for respondent No.5. KANWALJIT SINGH AHLUWALIA, J. CM No. 16779-80 of 2008 CM allowed. Short reply on behalf of the Registrar, Baba Farid University of Health Sciences, Faridkot – respondent No.3 is taken on record. CWP No. 11114 of 2008 Dr. Gagandeep Singh Thind has preferred present writ petition praying that by issuance of a writ of certiorari, admission granted to respondent No.4 – Dr.Ashish Gupta, in M.Ch. (Plastic Surgery) for Session CWP No. 11114 of 2008 2008-2011, be quashed and instead petitioner be granted admission. It is not disputed that an entrance test (PGET-2008) was held for determining the merit of the candidates, for the one seat of M.Ch. (Plastic Surgery) at Dayanand Medical College respondent No.5. In the entrance test, respondent No.4 – Dr. Ashish Gupta secured first position and petitioner Dr.Gagandeep Singh Thind was placed at No.2. The question, which we have been called upon to answer, can be formulated as under:- “Whether a successful candidate in entrance test can be held to be ineligible on the ground that on the last date for submission of application form (OMR Form) to appear in the test, he/ she had not obtained appropriate degree of MD/ MS, even though on the date when admission form was submitted, he had secured appropriate degree of MD/ MS ?” From the pleadings of the parties, following facts have emerged: (i) Baba Farid University of Health Sciences, Faridkot – respondent No.3 issued a prospectus on April 1, 2008 for admission to MD/ MS/ PG Diploma, MDS and DM/ M.Ch. Courses. We are concerned only with M.Ch. Course in Plastic Surgery. (ii) Prospectus contained part-A and part-B. Part-A contained OMR APPLICATION FORM. This application form was to be submitted on or before 16th April, 2008 at 5.00 p.m. This form was essential to be filled for appearing in entrance test, called PGET-2008. (iii) After acceptance of the form, candidates were to be called to appear in the entrance test on 27.04.2008. 2 CWP No. 11114 of 2008 (iv) The result of the entrance test (PGET-2008) was declared on 16th May, 2008. (v) Respondent No.4 secured position No.1 in the merit list and petitioner was placed at No.2. (vi) That after declaration of result, candidates had to submit Admission Application Form. (vii) As per the prospectus, after declaration of the result of PGET- 2008, last date for submission of admission application form was published as 5th May, 2008, which was later on extended to 13th June, 2008 and the counseling was held on 25th June, 2008. Respondent No.4, as per Annexure P-3 relied by the petitioner, had done his post graduation course in MS (General Surgery) on 30.04.2008 from Kasturba Medical College, Mangalore affiliated to Manipal University, Manipal. PGET-2008 (entrance test) result was declared on 16th May, 2008. Thus, it has been contended by the counsel for the petitioner that on 16th April, 2008, when OMR Application Form for appearing in the entrance test was submitted, petitioner had not passed MS, which is appropriate qualified degree. However, it is not disputed that on 13th June, 2008, when he filled admission application form, he was post graduate and was eligible. Mr. Rajive Atma Ram appearing along with Mr.G.C. Gupta for the petitioner has drawn our attention to page 19 of the prospectus (page 40 of the paper book), where condition 10.1 for Super-specialty Course reads as under: “10.1 Candidates having appropriate postgraduate degree as are required for undertaking a Super-specialty Course for DM (Gastroenterology and Cardiology) and MCh 3 CWP No. 11114 of 2008 (Plastic Surgery) as per the norms of the Medical Council of India can apply for taking the PGET (Super Specialty Course)- 2008 entrance test.” It has been urged that on 16th April, 2008, when OMR Application Form was submitted by the respondent No.4, he was not possessed of appropriate post graduate degree, therefore, his application to appear in the PGET-2008 could not be considered and he was wrongly allowed to appear in the entrance test. Therefore, he has suffered ineligibility, which cannot be cured later as eligibility is to be construed from the date when application form (OMR) was to be filled i.e., 16th April, 2008. Mr. Ashok Aggarwal appearing along with Mr. J.S. Sidhu has heavily relied upon the Admission Application Form, which was to be submitted on or before 13th June, 2008 to say that it contains following column bearing No.14: “14. Certified that I have done/ am doing PG/ Diploma in the subject of ________________ at ________________. Name of College/ City/ State.” Mr. Ashok Aggarwal, therefore, contended that Admission Application Form express clear intent of the authorities that those students who have undertaken post graduation course, can also apply and are eligible to submit Admission Application Form, therefore, a natural inference is that they should be eligible and possess a post graduate degree at the time of counseling. Therefore, it was submitted that petitioner is eligible as he also, on the date of submission of Admission Application Form, i.e., 13.06.2008 had obtained post graduation degree as his result was declared on 30th April, 2008. We have to determine whether a candidate seeking admission in M.Ch. should be post graduate on the day, when he has to fill his OMR 4 CWP No. 11114 of 2008 Application Form for appearing in the entrance test or on the day Admission Application Form is filled or on the day of counseling. Mr. Ashok Aggarwal has also stated and relied upon his pleading that normally in all education matters, it is the practice that those candidates, who have undertaken the examination, are eligible to compete for further studies provided they are eligible on the day of admission. Therefore, he has canvassed before us that career of a candidate will not be eclipsed for all times to come if on a date he applied for appearance in an entrance test his result for the qualifying examination has not been declared. To fortify this submission, he has drawn our attention to various parts of the prospectus to state that the authorities were conscious of the fact that the students may not be possessed of the appropriate degree at the time of applying for PGET-2008. He has made us read note no.3, which reads as under: “3. This Prospectus contains two parts: Part-A: concerns conduct of PGET-2008 and allocation of ranks only. Part-B: concerns admissions to various PG courses. This shall be strictly in accordance with the Punjab Government Notifications No. 5/12/2008-3HB3/1445 dated 17.03.08, contained in this prospectus.” To say that part-A and part-B are not integral and visualize two separate/ different events:- (i) Conduct of PGET-2008 and allocation of rank; (ii) Admission to various PG/ M.Ch. Courses. Having said so, we have made to pursue two forms, one called OMR Form, required for participation in PGET-2008 entrance test and another Admission Application Form for taking admission in the course. 5 CWP No. 11114 of 2008 Thus, it has been stated that it is at the time of admission that one should be possessed of appropriate degree. Again, we have been made to go through important notice given in the prospectus and it will be apposite here to reproduce the same: “3. This Prospectus contains two parts: Part-A: Contains general instructions for conduct of the test and OMR APPLICATION FORM required to be filled and submitted along with the prescribed examination fee and photographs, to the University on or before the due date/ time. CANDIDATE SHALL USE BLACK FINE TIP BALL PEN TO FILL OMR APPLICATION FORM AND OMR RESPONSE SHEET. Part-B: Contains the Punjab Government Notification No.5/12/2008-3HB3/1445 dated 17.03.08, in which the rules and regulations for admission are given. It also contains the ADMISSION APPLICATION FORM required to be filled and returned to the University along with prescribed fee and all other enclosures as required, on or before the due date and time. [PLEASE READ CAREFULLY AND OBSERVE ALL RULES/ REGULATIONS AND INSTRUCTIONS CONTAINED IN THE Punjab Government Notification in Part-B].” He has further placed reliance upon clause 14.(a) under the heading ‘IMPORTANT’. The same reads as under: “14.(a) Eligibility: For Appearing in PGET-2008: Persons possessing the minimum qualifications required for undergoing concerned PG courses may take the PGET-2008.” 6 CWP No. 11114 of 2008 It has been urged that for conduct of PGET-2008, those who are undergoing PG course, are eligible and for admission, possession of appropriate degree is necessary and on these two events, respondent No.4 is eligible and has been rightly considered and granted admission by the official respondents. A cursory look at part-B of the prospectus unveils the confusion, which has been sought to be created. Under the column “Admission Application Form”, condition 2.2, 3.5 and 4.7 read as under: “2.2 The candidate must fill in ADMISSION APPLICATION FORM in his/ her own handwriting. The candidate must attach attested photocopies of all required certificates and testimonials. The candidate is also required to attach a photocopy of the Admit Card along with ADMISSION APPLICATION FORM. … … … … … … … … … … 3.5 The candidate shall have to produce all the certificates/ degrees/ diplomas/ documents in original, at the time of admission/ counseling. … … … … … … … … … … 4.7 Candidates shall attach copies of certificates in support of their eligibility, quota, category etc. No copies of certificates will be accepted separately and after the submission of Admission Application Form and no reservation shall be allowed under any category(ies) if the same is not mentioned in the OMR Application Form.” The harmonious interpretation of these, make it apparent that it is along with Admission Application Form, one has to attach the testimonials and the photocopies of the required certificates. Candidates have been asked to produce all the certificates of degrees in original at the time of admission/ counseling and they have been also called upon to 7 CWP No. 11114 of 2008 submit copies of certificates in support of their eligibility along with Admission Application Form. No such requirement has been insisted upon while filling the OMR Form, which is for facilitating appearance of the candidate in conduct of the entrance test (PGET-2008). Official respondents have filed their reply and have stated that in the OMR Application Form, there is no column requiring the candidate to mention whether he possesses the qualification of MS/ MD at the time of submission of OMR Application Form. It has been further stated that the matter was considered by a committee consisting of Principal, Government Medical College, Amritsar as Chairman; Principal, Dayanand Medical College and Hospital, Ludhiana and Deputy Registrar, representative of Baba Farid University of Health Sciences, Faridkot as members to hold that the merit position of respondent No.4 – Dr.Ashish Gupta could not be ignored by the Selection Committee as he has cleared post graduation exam at the time of submission of Admission Application Form. The Committee had considered representations of petitioner and respondent No.4. Relevant portion of the decision reads as follows: “3. There were two candidates for M.Ch. Plastic Surgery and both had given the representations. The Selection Committee considered both the representations, addressed to the Chairman Selection Committee by Dr. Ashish Gupta and to the Vice-Chancellor by Dr. Gagandeep Singh. Selection Committee discussed the contents of both the representations and decided as under:- a) As per general guidelines given in PGET-2008 Prospectus, Dr. Ashish Gupta appeared for the examination conducted by Baba Farid University of Health Sciences for the Super Specialty course. There was no requirement of the proof of Postgraduation at the time of submission of application and as per the general instructions of the PGET-2008, the certificates are to be scrutinized at the time of interview which the first successful candidate Dr.Ashish Gupta had produced Provisional pass 8 CWP No. 11114 of 2008 certificate from Controller of Examination, Manipal Academy of Higher Education (Deemed University) and also produced a Postgraduation degree from the same University. b) Dr. Ashish Gupta was at merit position No.1 which could not be ignored by the Selection Committee. Dr.Gagandeep Singh had raised the objection that Dr.Ashish Gupta should have cleared the Postgraduation exam at the time of entrance test as per Clause 10 91), page 19 of the prospectus. The Selection Committee unanimously refuted the same as there is no provision of deadline given in the prospectus/ notification for clearing of the Postgraduate exam or laid any such condition for appearing in entrance examination for Super Specialty courses. c) Dr.Ashish Gupta in his representation referred to a Civil Appeal No. 7407-08 of 1992 (Ashok Kumar Sharma and another Vs. Chander Shekhar and others reported in 1993 (4) Recent Civil judgments, page No. 562) of Hon’ble Supreme Court of India and the detail of which was requisite and hence, sought from the Legal Officer of the University and on going through the same, the Selection Committee was of the opinion that Dr.Ashish Gupta being on merit position No.1 for M.Ch. Plastic Surgery should be allotted a seat.” The decision of the Committee has been vehemently assailed by Mr. Rajive Atma Ram on the ground that they have placed reliance upon judgment, which was later reviewed. It has been contended that Ashok Kumar Sharma and another v. Chander Shekhar and others was subject matter of a review petition and same has been reported in 1997(2) SLR 409. Therefore, the reliance placed by the Committee on the judgment is not tenable. We are conscious that the members of the Committee being Doctors and Principal of the Medical Colleges, were not equipped of the necessary legal acumen. However, in the facts and circumstances and for the reasons stated above, as we had the occasion to discuss threadbare 9 CWP No. 11114 of 2008 provisions of the prospectus, we are of the view that at the time of submission of Admission Application Form, respondent No.4 was eligible having obtained the post graduation degree and OMR Form and part-A, which was only regarding conduct of PGET-2008 entrance test, cannot be construed to debar a candidate, who has undertaken post graduation course as intention of the authorities is apparent from various provisions of the prospectus, especially 14.(a) under chapter ‘IMPORTANT’, along with other provisions of the prospectus, which we have mentioned above. We find no merit in the claim of the petitioner, and consequently, the present writ petition is dismissed. [HEMANT GUPTA] JUDGE [KANWALJIT SINGH AHLUWALIA] JUDGE September 02, 2008 rps 10