CWP No.10455 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision:09.09.2009 Binny Sharma .. Petitioners Vs. Panjab University, Chandigarh and another .. Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.IS Sidhu, Advocate,for the petitioner. Mr.Deepak Sibal, Advocate, for respondent No.1. Mr.Anupam Gupta, Advocate, for respondent No.2. -- PERMOD KOHLI, J. (Oral): I have heard the learned counsel for the parties at length. Respondent No.1 issued Brochure/Prospectus for holding Common Entrance Test, 2009. The petitioner is ten plus two and claims to be eligible to appear in the Common Entrance Test. She applied for the same within the prescribed time. She was allotted Roll Numbers 301813 for Common Entrance Test, 2009. She has been placed at Rank No.719 in the General Category (Single Girl Child) which was notified by the respondent No.1 in the Prospectus. The petitioner sought admission to MBBS/BDS/BAMS/BHMS Courses. After the Common Entrance Test, the petitioner filled up the admission form as per the requirement of the Prospectus and again mentioned in CWP No.10455 of 2009 : 2 : her application that she is seeking consideration against the Single Girl Child category. The respondents notified the dates for counselling for the aforesaid courses which was scheduled to be held from 15.07.2009 to 17.07.2009. It is stated that the petitioner appeared for counselling, it was found that there was no separate category for Single Girl Child. The petitioner's father made a representation to the Vice Chancellor of the Panjab University seeking information regarding the Single Girl Child category for which the petitioner claims to have applied. Since no reply was received by the petitioner, she has filed this petition seeking a direction to consider her candidature for admission to the medical courses mentioned above in the category of Single Girl Child “General” on the basis of her merit in the Common Entrance Test. The claim of the petitioner has been denied by respondent No.1 in its reply. It is stated that though in the year 2008, a decision was taken by the respondent-University for creating an additional seat for a Single Girl Child category, but on 16.07.2008 it was clarified that admission to the Session 2008-2009 for additional seat for Single Girl Child shall not be applicable to admission falling under Regulatory agencies such as MCI, DCI and NCTE. This decision was conveyed to all the affiliated colleges. Respondent No.1 has placed on record a communication dated 13.06.2008 (Annexure R-1/1 addressed to the Principals of all the Colleges, affiliated to Panjab University. The relevant extract of the letter aforesaid for the purpose of this petition is, reproduced below:- CWP No.10455 of 2009 : 3 : “For Girl Child: 1. An additional seat for the single girl child for admission to a given course in the Panjab University provided she is otherwise eligible from all angles. The reservation in favour of the girl child whether A SINGLE GIRL OR ONE AMONGST TWO OR EVEN MORE WITH NO MALE CHILD IS EXTENDED TO ONE OF THE GIRLS OF A COUPLE.” The aforesaid communication was followed by another circular dated 16.07.2008 again addressed to all the affiliated colleges and other authorities with the following clarification:- “Subject: i) Concessions to the wards of Kashmiri Displaced Persons (2008-2009). ii) Additional Seat for Single Girl Child and Cancer, Aids Patient for the Session 2008-2009. Sir/Madam, I am desired by the Vice-Chancellor to inform you that the concession given vide this CWP No.10455 of 2009 : 4 : office circular No.Misc./A-6/6377-6627 dated 13.6.2008 to the above categories is not applicable to the students falling under regulatory agencies such as MCI, DCI, NCTE. Yours faithfully, Sd/- DA: As above. Deputy Registrar (Colleges) for Registrar '' Even for the academic session 2009-2010, another circular dated 25.06.2009 has been issued on the same subject with the following subject:- “Additional Seat for Girl Child and Cancer Aids Patient: For Girl Child: 1. An additional seat for the single girl child for admission to a given course in the Panjab University provided she is otherwise eligible from all angles. The reservation in favour of the girl child whether A SINGLE GIRL OR ONE AMONGST TWO OR EVEN MORE WITH NO MALE CHILD IS EXTENDED TO ONE OF THE GIRLS OF A COUPLE. CWP No.10455 of 2009 : 5 : A copy of an affidavit on a stamp paper worth 20/- duly attested by Ist Class Magistrate, to be obtained from the parents of the girl child is enclosed. For Cancer and Aids Patient: The students will submit a certificate with proof from the National Medical Institute like PGI, AIIMS etc. 3. The above concession is not applicable to the students falling under regulatory agencies such as MCI, DCI and NCTE. Yours faithfully, Sd/- DA: As above. Deputy Director (Colleges) For Registrar” In the Prospectus issued by the respondent University for the Common Entrance Test, 2009, the eligibility conditions are prescribed in Part-A. As far the admission to respondent No.2 College is concerned, the detail of the seats has been provided under Part (A) (1) of the Prospectus which is as under:- “(1) MBBS in Govt. Medical College and Hospital, Sector 32/A, Chandigarh. CWP No.10455 of 2009 : 6 : Admission to 39 seats for MBBS (Govt. Medical College, Sector 32-A, Chandigarh) shall be strictly on merit as determined in the CET Examination. For this course 14% seats will be reserved for Scheduled Caste candidates as per the order of the Apex Court and 3% seats for the candidates suffering from Locomotory Disabilities of Lower Limbs between 50% to 70% out of the total intake of 50 seats. 1 seat for Central Pool to be filled through the Ministry of Health and Family Welfare, New Delhi. 3 seats for NRI candidates and 7 seats for All India Pool to be filled by the Directorate General of Health Services, New Delhi through entrance examination conducted by the CBSE. Admission to NRI seats shall be made on merit determined on the basis of marks obtained by the candidate in qualifying examinations of Board of Education of the State Concerned. Equivalence/eligibility o the candidates will be determined by the Panjab University, Chandigarh, who will issue equivalence/eligibility certificate. NRI candidates are not required to appear in CET.” CWP No.10455 of 2009 : 7 : The Prospectus also contains details of the reservation under various categories under the general instructions which are as under:- “4. General Instructions for filling of seats against reserved categories: 4.1 Seats: Open and Reserved. The number of seats in each course offered in the Teaching Departments, as announced in the Admission Notice/s, shall be strictly adhered to, except for such minor adjustment as may be necessary on account of rounding of fractions to accommodate reservations, as given below:- (A) Generally 60.5% of the seats in each course shall be treated as belonging to the Open Category. (B) 39.5% seats shall be treated as belonging to Reserved Category, as per details given below:- (i) 15% for candidates belonging to the Scheduled Castes. (ii) 7.5% for candidates belonging to the Scheduled Tribes. (iii) 3% for Physically Handicapped Candidates. ......................... CWP No.10455 of 2009 : 8 : (iv) 5% on the basis of achievement in Sports (as per guidelines) (v) 5% for Defence Personnel, Paramilitary Personnel etc.” The petitioner also relied upon the Prospectus wherein Codes for various reservation has been provided which are as under:- “Category: Category Code Category Code General GN Wards of Military/Paramilitary Personnel who died in action D1 Scheduled Caste SC Wards of Military/Paramilitary Personnel incapacitated while in service D2 Scheduled Tribe ST Wards of Military/Paramilitary Personnel Ex-Serviceman D3 Sports Person SP Defence Personnel incapacitated while in service. D4 Terrorist Victims TV Wards of Serving Defence Personnel D5 Freedom Fighter FF Ex-Serviceman D6 Physically Handicapped PH Serving Defence Personnel D7 Kashmiri Migrants KM Single Girl Child SGC There is special note appended for candidates seeking admission to above mentioned medical courses which reads as under:- “SUBMISSION OF APPLICATINS: a) ........... b) ........... c) ........... d) Candidates seeking admission to MBBS, BDS, BAMS and BHMS will have to apply separately by the last date as given in Part C: CWP No.10455 of 2009 : 9 : Guidelines for Admission of this prospectus. They are advised to contact Director Principal, Govt. Medical College and Hospital, Sector 32, Chandigarh, for further information.” The Prospectus also contains special chapter dealing with the Centralised Counselling Process and Procedure for admission to Medical courses. Clause 3 of the aforesaid chapter deals with the distribution of seats for the courses aforesaid, which is reproduced below:- “3.Distribution of Seats: The distribution of seats for MBBS/BDS/BAMS/BHMS for various categories is as under :- a) MBBS Courses at Govt. Medical College, Chandigarh. Total seats 50 UT Pool 30 UT Pool SC 07 UT Pool Physically Handicapped 02 NRI 03 All India Quota 07 Central Pool 01 b) BDS Courses at Dr.Harvansh Singh Judge Institute of Dental Sciences, Chandigarh.* Total Seats 100 Foreign National/PIO/NRI/ NRI Sponsored / Industry sponsored 15 General 64 SC (15%) 13 ST (75%) 06 Reserved for candidates from Hoshiarpur District preferably of Judge (Jaj) Community. 02 * Subject to approval of Dental Council of India & Govt. of India, New Delhi. CWP No.10455 of 2009 : 10 : c) BAMS Course at Shri Dhanwantry Ayurvedic College, Chandigarh, (Final seats to be notified at the time of Counselling).* Total Seats 50 General 32 SC 08 Physically Handicapped 01 NRI 07 Central Pool 02 * Counselling/admission will be subject to the approval from Govt. of India on the recommendations of Central Council of Indian Medicine, New Delhi. d) BHMS Course at Homeopathic Medical College, Chandigarh. Total Seats 50 General 31 SC 08 Physically Handicapped 01 NRI 08 Central Pool 02 From the aforesaid clause of the Prospectus, it appears that for Medical Courses there is no reservation for “Single Girl Child”. Learned counsel appearing for the petitioner has heavily relied upon the codes notified for various categories referred to above. Those categories are for courses other than the Medical Courses for which a separate section has been incorporated. Appendix V with the Prospectus, in fact, deals with the various courses at the Graduation level where there is reservation for Single Girl Child category. As a matter of fact, Clause “D” deals with MBBS/BDS/BAMS/BHMS courses, it is specifically mentioned therein that for admission to these courses separate information is provided in the Prospectus and Clause 3 of the Chapter/Section dealing with admission to these courses give details of various categories for which reservation is made and it is crystal clear from para 3 that no reservation has been CWP No.10455 of 2009 : 11 : provided for Single Girl Child category for any of these courses. One thing, at least, is clear from the Prospectus that for Single Girl Child category, an additional seat is to be created. In so far as admission to MBBS/BDS/BAMS/BHMS courses are concerned, these courses are regulated by Central Legislation. Under Section 10A of the Indian Medical Council Act, 1956, no candidates can be admitted beyond the sanctioned intake capacity of any college/institution. Relevant extract of Section 10-A is as under:- “10A. Permission for establishment of new medical college, new course of study:- (1) Notwithstanding anything contained in this Act or any other law for the time being in force:- (a) No person shall establish a medical college; or (b) no medical college shall- (i) open a new or higher course of study or training (including a postgraduate course of study or training) which would enable a student of such course or training to qualify himself for the award of any recognised medical qualification; or (ii) increase its admission capacity in any course of study or training (including a post- CWP No.10455 of 2009 : 12 : graduate course of study or training), except with the previous permission of the Central Government obtained in accordance with the provisions of this section. Explanation: 1:- For the purpose of this section, “person” includes any University or a trust but does not include the Central Government. Explanation: 2- For the purpose of this section, “Admission capacity”, in relation to any course of study or training (including post- graduate course of study or training) in a medical college, means the maximum number of students that may be fixed by the Council from time to time for being admitted to such course or training.” The claim of the petitioner for admission to MBBS/BDS/BAMS/BHMS Course against the category of Single Girl Child is not established from the facts on record. From the separate Chapter meant for MBBS/BDS/BAMS/BHMS Course, it is abundantly clear that no reservation is provided for Single Girl Child category. In view of the provisions of the MCI Act, no student can be admitted in addition to the intake capacity of any college as approved by the MCI. Similar provisions are also made in other statutes. The circular dated 16.07.2008 (Annexure R-1/2) and 25.06.2009 (Annexure CWP No.10455 of 2009 : 13 : R-1/3) issued for the purposes of admissions also clearly indicate that the benefit of Single Girl Child category is not available for the courses which are regulated by the Regulatory Agencies like the MCI, DCI and NCTE. In view of the above clear factual and legal position, there is no merit in the present petition and the same is hereby dismissed with no order as to costs. 09.09.2009 (PERMOD KOHLI) BLS JUEGE Note: Whether to be referred to the Reporter? YES