CWP NO.3599 OF 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO.3599 OF 2010 DECIDED ON- 17.01.2011 Richa Aggarwal ……PETITIONER Versus Baba Farid University of Health Science and another…RESPONDENTS Coram HON'BLE MR.JUSTICE MAHESH GROVER Present: Mr. Deepak Sibal,Advocate for the petitioner. Mr.Anupam Gupta, Advocate with Mr. Jasmandeep, Advocate for respondent no.1-University. Mr.Rahul Sharma, Advocate for respondent no.2. MAHESH GROVER, J. The precise grievance of the petitioner in this case is that she was admitted to Gian Sagar Dental College and Hospital, Ram Nagar, Banur, District Patiala (arrayed as respondent no.2) which is affiliated to Baba Farid University of Health Science Faridkot (arrayed as respondent no.1). She was granted admission in the seats meant for the Management Quota and her prayer is that she should be admitted against the seat meant for Government Quota for the BDS course. It has been averred by her in the petition that she was qualified for being considered for the said course and was called for the counselling. Out of a total number of 55 seats, 36 were meant for the Government Quota while the remaining 19 seats were for the Management Quota. She was informed that she can be admitted only qua the CWP NO.3599 OF 2010 2 Management Quota seat as there was no seat available against the Government quota. However, in this counselling one Mehak Gupta was admitted against the Government Quota seat. The second counselling took place on 28.8.2009 wherein the petitioner participated and opted for the Government Quota seat but was informed again that there was no seat available against this Quota. Mehak Gupta, who had initially got the seat against the Government Quota never opted to join the college and opted to join the college in Shri Guru Ram Dass Dental College, Amritsar. On 16.9.2009,a third counselling took place wherein the petitioner once again participated and Mehak Gupta who had earlier opted to go to Amritsar shifted to the college of respondent no.2. It is, thus, the case of the petitioner that she should have been considered against the seat meant for the Government Quota and when Mehak Gupta who had opted out in the second counselling, she should have got the seat as she was next available candidate. The respondent controverted the averments made by the petitioner and have stated that the petitioner was not eligible to be considered against the Government seat when the counselling was done and she chose the Management Quota. It has been further stated that the petitioner was eligible to be considered in the Government Quota against other colleges who had put up the BDS course and offered counselling but the petitioner offered on her own volition and chose the college of the respondent no.2. It is further their case that the first counselling was held on 18.7.2009 and the second on 28.8.2009 and as per the provisions of the rules a fresh seat has to be advertised and was done so on 8.9.2009 for counselling which took place on 18.9.2009 and since Mehak Gupta was CWP NO.3599 OF 2010 3 higher in merit to the petitioner, so she was awarded the same. It is further submitted that there were five more students who were higher in merit than the petitioner and even from this angle also, the petitioner cannot be admitted to the Government Quota. A reference was also made to clause 7.4(c) of the Notification No. 5/3/08-3HBIII/1934 dated 31.3.2008 issued by the State of Punjab and 7.4(10) and 4(c)(ii) of the notification. This notification also formed a part of prospectus and the petitioner was thus bound by the terms thereof. Relevant of clause 7.4(c), clause 10 and clause 4(c)(ii) are extracted here below:- “7.4 ADMISSION TO PRIVATE INSTITUTES- (c)The Management Quota seats would be filled up by the admission committee headed by the Principal of the Institute concerned and comprising of the representative each of the Government and the University, strictly on the basis of merit in the PMET of the corresponding year. The Principals of the concerned institutes will request the Government and the University well in advance for nominating their representatives. Government Quota seats remaining vacant will be transferred to Management Quota. University will adjust a calendar of admission to the Management Quota seats in such a way that admission dates do not clash. All candidates with compartment for consideration under NRI/Management/Special Management seats shall have to clear their compartment before their admission. Para amended vide notification No. 5/3/08-3HBIII/2616 dated 22.4.2008”. “Clause 10 GENERAL CONDITIONS (a) The students shall pay the fees and other charges, for all types of seats, as per the rates of fees and other charges fixed by the Government of Punjab from time to time. (b) Management/Minority Quota seats will be filled up as per the CWP NO.3599 OF 2010 4 directions laid down by the Supreme Court of India and further guidelines issued by the Government of Punjab from time to time in consultation with the Baba Farid University of Health Sciences, Faridkot, so that no two dates for admission in any college clash with each other. (c)The seats available for allotment will be displayed on the notice board of the University and a list of PMET result shall be supplied by the University to all the Institutions of Medical/Dental/Ayurvedic and Homeopathic courses on payment basis at the price to be fixed by the University. (d)The admission fee will be collected by the concerned Institution at the time of counselling. The draft for admission fee shall be in favour of Registrar, Baba Farid University of Health Sciences, Faridkot payable at Faridkot. (e) The fee shall be refunded if a candidate is shifted from one course/college to the other in subsequent common counselling held by the University. (f)The admission shall be made to only those institutes which are approved from all authorities and affiliated to the University on or before March 31st and July 31st of the corresponding year. Institute(s) which have applied for affiliation and/or for approval of competent authority(ies) but are unable to get affiliation and such approval from all authorities before this day shall not be considered for counselling. Para amended vide notification No. 5/3/08-3HBIII/2616 dated 22.4.2008” (g)The admission against the reservation of seats in sports quota shall be made out of eligible candidates of PMET, on the basis of sports grading of the achievements during +1 and +2 classes as graded by the Director Sports Punjab. (h) The Medical Board to determine the disability at the time of the counselling will be constituted by the Chairman. The candidate shall be admitted only if he/she has the minimum CWP NO.3599 OF 2010 5 disability to be considered as a handicapped candidate and is otherwise found fit medically to peruse the course concerned by a duly constituted Medical Board. In case of category (vi)(a) under reservation, the reservation shall be given only in cases where the breadwinner of the candidate has been killed. (i) The selection of candidates seeking admission to MBBS/BDS/BAMS courses in the Government and the Private institutes in the State of Punjab and affiliated with Baba Farid University of Health Sciences, Faridkot will be based on Entrance Test (PMET) except in case of NRI seats, CBSE Quota seats and seats of Minority Quota in SGPC institutions who are allowed to conduct their own entrance test for the minority quota. (j) In order to ensure completion of the prescribed courses(s) and period of study as well as commencement of examination (s) in time, no admission(s) adjustment(s) shall be made after 30th September of the corresponding year regardless of any vacancy(ies) that might exist or might arise thereafter for any reason whatsoever. In case of BAMS/BHMS no admissions adjustments shall be made after October 31stof the corresponding year. Para amended vide notification No. 5/3/08-3HBIII/2616 dated 22.4.2008 The vacant seats of CBSE quota, if any, if surrendered by the Director General of Health Services (Medical Examination Cell, New Delhi), to the Punjab Government on or before 15th September of the corresponding year, will be filled by the General Category Candidates based on their PMET merit. (k) It will be obligatory on the part of University to provide registration No. to all candidates once duly admitted. Any notification/instructions issued earlier for previous academic year(s) shall not be applicable to PMET-2008 onwards. Jagjit Puri Secretary to the Government of Punjab CWP NO.3599 OF 2010 6 Department of Medical Education and Research 4 ELIGIBILITY CRITERIA FOR PMET 4(C)FOR BAMS/BHMS COURSES 4(C)(II) After second counselling, the seats left vacant in Private institutes both in Government as well as Management/Minority Quota shall be filled by the Management out of the eligible candidates who have qualified in PMET. However, in case of BDS, BAMS and BHMS, if the PMET qualified candidates are not available both from the University and on open advertisement, then the candidates who have appeared in PMET shall be admitted on the basis of their score in 10+2 or equivalent examination. If even such candidates are not available, then those who have not appeared in PMET will be admitted on the basis of 10+2 or equivalent examination. Even if such candidates are not available, the candidates other than belonging to Punjab shall also be considered subject to the condition that all such admissions are made on merit in a transparent manner after giving proper public notice. It was also pleaded that there is no carry forward system and if any seat remains vacant,the same has to be advertised afresh. I have heard counsel for the parties and have perused the material on record. Concededly, the petitioner had the option to be considered against the Government seats in other college but the said benefit she did not avail of, but insisted that she be granted admission with respondent no.2 in the Management Quota. According to clause 7.4(b & c), the Government Quota seats are to be filled up on the basis of PMET merit by the admission committee arranged by the Government and the Management Quota seats are to be filled up by the admission committee headed by the Principal of the Institute concerned, and comprising of the CWP NO.3599 OF 2010 7 representative each of the Government and the University strictly on the basis of the merit in the PMET of the corresponding year. Clause 10(j) further contemplates that in order to ensure completion of the prescribed courses and period of study as well as commencement of examination in time, no admission, adjustment shall be made after 30th September of the corresponding year in relevant lists of any vacancy that might exist or might arise, thereafter for any reason whatsoever. It has further been laid down in this clause that the vacant seats of CBSE quota if any, if surrendered by the Director General of Health Services to the Punjab Government on or before 15th September or the corresponding year will be filled up by the general category candidate based on the PMET test and as per clause 4(c)(ii) after the second counselling, the seats left vacant in the private institute both in Government as well as Management/Minority quota shall be filled up by the Management out of the eligible candidates so as qualified in PMET. However, in the case of BDS and some other courses, if the PMET qualified candidates are not available both from the university and on open advertisement then the candidates so appeared in PMET shall be admitted on the basis of their score in 10+2 or equivalent examination. If such candidates are not available then those who have not appeared in PMET will be admitted on the basis of 10+2 or equivalent examination. The case of the petitioner is not based on any reasonable plea as her sole contention was that since Mehak Gupta had earlier opted for a college in Amritsar and thereafter rejoined the respondent no.2 but in the MBBS course, thereafter, she ought to have been given admission vis a vis a seat vacated by this Mehak Gupta in BDS course, and when her plea is examined in the light of the relevant CWP NO.3599 OF 2010 8 clauses of the notification which have been discussed above and also in view of the stand taken by respondent no.2 that there are five other candidates who are higher in merit than the petitioner which fact has not been controverted by the petitioner, then it becomes abundantly clear that the prayer of the petitioner has rightly been declined. The details of the students who are higher in merit have been given in para 2 of the preliminary submissions and their respective merit is extracted here below:- Sr.No. Merit No. PMET Roll No. Name of the Candidate Marks in PMET 1 1397 571078 Arshdeep Kalsil 416 2 1452 572126 Navroop Kaur 412 3 1563 571382 Avani Mahal 400 4 1569 574731 Jaspreet Kaur 400 5 1579 574903 Mohint Kohli 400 6 1586 573630 Richa Aggarwal(petitioner) 400 Besides as has been pointed out, the courses began in 2009 and it will be too late in the day to make any adjustment of the kind that the petitioner desires. There is, thus, no ground to interfere. Dismissed. 17.01.2011 ( MAHESH GROVER) mamta JUDGE