IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.10351 of 2007 Date of decision: 22.08.2007 Dr. Navdeep Walia. -----Petitioner Vs. Post Graduate Institute of Medical Education & Research, Chandigarh & another. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE AJAI LAMBA Present: Mr. B.S. Walia, Advocate for the petitioner. Mr. Arun Palli, Sr. Advocate with Mr. Raghu Partap Singh Sarai, Advocate for respondent No.1. Mr. Vinod S. Bhardwaj, Advocate for respondent No.2. ---- Adarsh Kumar Goel, J. This petition seeks a direction, quashing admission of respondent No.2 to DM Cardiology. Case of the petitioner is that the Post Graduate Institute of Medical Education & Research, Chandigarh, respondent No.1, conducts a three year course in DM Cardiology, for which, written and practical test is held twice a year in January and July. As per prospectus, for the said course, for January 2007, candidates three times of the number of vacancies are called for interview. There is no CWP. No.10351 of 2007 reservation for foreign nationals though respondent No.2 has been selected under the said category. In the reply filed, the stand taken is that the petitioner participated twice, but was not selected. Respondent No.2 was eligible as per prospectus, wherein following condition was laid down:- “The Foreign candidates are required to route their application through the Government of India, Ministry of Health and Family Welfare, New Delhi. They are also required to appear in the entrance examination along with other candidates. Separate merit list of the foreign nationals will be prepared within their own group. The selection of candidates will be made on merit based on their performance in the Entrance Examination. In the event of selection, the candidates have to apply for temporary registration with the Medical Council of India for the duration of Post-Graduate study. However, for D.M./M.CH. there will be no separate reservation for foreign students under deputed/sponsored category” It is further stated that respondent No.2 stood first in the order of merit and no person lower in merit to the petitioner, was given admission. Learned counsel for respondent No.1 also produced a copy of the letter dated 10.11.2006 whereby application of respondent No.2 was forwarded by the Government of India to respondent No.1. We have considered the rival submissions and perused the record. 2 CWP. No.10351 of 2007 In view of the fact that respondent No.2 was at serial No.1 in the merit list and was eligible as per the condition laid down in the prospectus, no ground is made out for setting aside the admission of respondent No.2. The writ petition is dismissed. ( ADARSH KUMAR GOEL ) JUDGE August 22, 2007 ( AJAI LAMBA ) ashwani JUDGE 3