IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8487 of 2008 (O&M) Date of decision : 29th September, 2008 Dr. Nidhi and another … Petitioners Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present : Mr. Vijay Sharma, Advocate for the petitioners. Mr. Sandeep Moudgil, DAG Punjab for respondent No.1. Mr. T.S. Dhindsa, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. Civil Misc. No. 19619 of 2008 CM is allowed. Reply by way of affidavit on behalf of respondent No.1 be taken on record. Civil Writ Petition No. 8487 of 2008 Two civil writ petitions bearing No. 8487 of 2008 preferred by Dr. Nidhi and others against the State of Punjab and others and No. 8493 of 2008 preferred by Dr. Eenal Chhabra against State of Punjab and others Civil Writ Petition No.8487 of 2008 (O&M) shall be decided together. For facility of reference, facts have been gathered from civil writ petition No. 8487 of 2008. Present writ petition has been filed with a prayer that a writ in the nature of mandamus be issued directing the respondents to grant admission to the petitioners as per their merit against the seats earmarked for institutional preference at Guru Nanak Dev Dental College, Sunam. Case of the petitioners is that they successfully completed Bachelor of Dental Surgery in the year 2006 from Guru Nanak Dev Dental College, Sunam. Petitioners are also said to have completed one year internship before 31.03.2008. On 17th March, 2008, State of Punjab through Secretary to the Government, Department of Medical Education and Research, issued a notification for admission to Post Graduate Degree/ Diploma Courses for the Session 2008. Copy of the notification has been annexed as Annexure P-1. In pursuance of the notification, Baba Farid University of Health Sciences, Faridkot respondent No.2 was authorized to conduct Common Entrance Test (PGET-2008) for admission to Post Graduate Courses in consonance with the procedure and criteria laid in the notification (Annexure P-1). That para 14 of the notification (Annexure P-1) states that in Government institutions, 50 percent of the total seats shall be filled up by Government of India on all India basis through an All India Competitive Test. Remaining seats are to be filled on the basis of Post Graduate Entrance Test conducted by respondent No.2, out of which 60 percent seats are to be filled from the eligible PCMS (Dental) in-service doctors and 40 percent seats are open to all eligible dental graduates. According to para 19 of the notification, a separate merit list is to be prepared. The controversy in the present case revolves around the tentative distribution of seats for admission to various Post Graduate 2 Civil Writ Petition No.8487 of 2008 (O&M) Courses 2008 at Guru Nanak Dev Dental College, Sunam. The following chart has been reproduced in para 5 of the writ petition, which, for facility of reference, is also reproduced hereunder: Sr. No. Specialty Total seats sanctione d Govt. Quota Management Quota Open Merit SC BC Open Merit SC BC NRI 1. Pedodontics 3 1 1 - 1 - - - 2. Orthodontics 2 1* - - - - - 1 3. Oral Medicine 2 - 1 - 1* - - - 4. Perdonitcs 3 1 - - 1 - - 1 5. Proshodotics 2 1* - - - - - 1 6. Oral Surgery 3 1 1 - 1* - - - 7. Conservative Dentistry 2 1* - - - 1 - - * Institutional Preference Note: No. of Seats can increase or decrease at the time of 1st counseling under rules & Final tally will be calculated at the time of 1st counseling.” Counsel for the petitioner has contended that the seats with sign (*), where institutional preference has been granted, are only confined and admission is to be granted to the students, who have passed their Graduation in Dental Surgery Course from Guru Nanak Dev Dental College, Sunam. In other words, counsel for the petitioner has canvassed before us that the institutional preference means that one is entitled to get admission on preferential basis in the institution, from where he has passed out his Graduation. To appreciate the argument advanced by the counsel for the petitioner, a reference is required to be made to Clause 4 and 5 of para 30 of the notification, which reads as under: “30. (iv) The Governor of Punjab is further please to reserve, by way of Institutional preference upto 50% available seats for General Category Candidates belonging to all Medical/ Dental Institutions. (v) The reservation by way of institutional preference upto 50% seats available for General Category Candidates 3 Civil Writ Petition No.8487 of 2008 (O&M) shall also be applicable in respect of other State/ Private/ Medical/ Dental Colleges, except Christian Medical College Ludhiana, to the candidates qualifying from the colleges of Punjab.” Mr. T.S. Dhindsa, Advocate appearing for the University stated that the concept of institutional preference has been recognized in case of Saurabh Chaudri and others v. Union of India and others, (2003) 11 Supreme Court Cases 146. In para 39 of the judgment, it has been observed as under: “39. ……………… Whereas larger interest of the country must be perceived, the lawmakers cannot shut their eyes to the local needs also. Such local needs must receive due consideration keeping in view the duties of the State contained in Articles 41 and 47 of the Constitution of India.” Domicile and residence, apart from place of birth, have given way to institutional preference. There is a fallacy in the argument of the counsel that those students, who have passed from the institution, are only entitled to institutional preference in that particular institution. To us, all students of Punjab, who have passed their examination from various institutions in the State of Punjab, are entitled to be admitted against the seats for institutional preference in all institutes situated in the State of Punjab. Therefore, Clause 4 and 5 of para 30 of the notification makes it explicitly clear when it is stated therein that the Governor of Punjab has been pleased to reserve, by way of institutional preference, 50 percent seats available for General Category candidates belonging to all Medical/ Dental institutions and it further stated that this reservation, by way of institutional preference upto 50 percent seats available, shall be applicable in respect of other State/ Private/ Medical/ Dental Colleges except Christian 4 Civil Writ Petition No.8487 of 2008 (O&M) Medical College, Ludhiana (which is a minority institution). Therefore, it is apparent that the students of other States are not eligible to be considered against these institutional preference seats but those students, who have passed their Graduation from the Colleges in the State of Punjab are to be considered in all Colleges in the State of Punjab for institutional preference. Therefore we are unable to uphold the contention made by the counsel for the petitioner. Consequently, both the present writ petitions, being devoid of merit, are dismissed. [HEMANT GUPTA] JUDGE [KANWALJIT SINGH AHLUWALIA] JUDGE September 29, 2008. rps 5