IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16818 of 2007 Date of decision: 7th May, 2008 Dr. Tarundeep Singh … Petitioner Versus Sri Guru Ram Dass Institute of Medical Sciences and Research and others. … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rajiv Atma Ram, Senior Advocate with Mr. B.N.S. Sharma, Advocate for the petitioner. Mr. Yatinder Sharma, DAG Punjab for the State. Ms. Nirmaljit Kaur, Advocate for respondent No.2. Dr. Balram Gupta, Senior Advocate with Mr. Navin Mahajan, Advocate for respondent No.4. ASHUTOSH MOHUNTA, J. (ORAL) The petitioner has prayed for quashing of admission given to respondent No.4 in MD Medicine course and give him admission in place of respondent No.4. The petitioner had claimed admission on the ground that he was No.1 in the waiting list and was entitled to get admission under the sikh minority quota in preference to respondent No.4. This Court in Sahil Mittal v. State of Punjab and others, CWP No. 14646 of 2007, held that sikh minority quota was not available in the State of Punjab. Against the aforementioned judgment, an SLP has been preferred in the Hon’ble Supreme Court by the respondent-college. Mr. Rajiv Atma Ram states that in case the SLP is allowed, then the petitioner be given an opportunity to file a writ petition afresh for claiming Civil Writ Petition No. 16818 of 2007 admission in the next academic session on the basis of wrongful exclusion of the petitioner in the session 2007-08. As far as respondent No.4 is concerned, this Court has already held that he has got admission under institutional preference wrongfully. His admission was suspended by this Court vide order dated 21st December, 2007 and he has not been studying thereafter. In this view of the matter, respondent No.4 would also not be entitled to get admission in MD Medicine course. However, as respondent No.4 has already deposited the fee, therefore, he shall be entitled to get refund of entire fee. Resultantly, we dispose of this writ petition with direction that in case sikh minority quota is upheld by the Hon’ble Apex Court, then the petitioner may file writ petition afresh for claiming admission in the next academic session. We further direct that respondent No.1 shall refund the entire fee, which respondent No.4 has deposited. Writ petition disposed off. [ASHUTOSH MOHUNTA] JUDGE [KANWALJIT SINGH AHLUWALIA] JUDGE May 07, 2008 rps 2