CWP No. 7181 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 7181 of 2011 Date of Decision: July 13, 2011 Dr. Jasvir Singh & others …Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. B.S. Sewak, Advocate for the petitioner. Mr. Suvir Sehgal, Addl. A.G., Punjab for respondent Nos. 1, 3 and 4. Mr. K.S. Dadwal, Advocate for respondent No.2. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The petitioners have approached this Court with the prayer for directing the respondent No.5 to issue a separate merit list for in service 60% quota candidates and consider the SC/ BC candidates for open seats in respect of those candidates who have secured 50% or more marks and to follow the procedure laid down in Clause 18 of the instructions (Annexure P-1) issued by respondent No.1 for conducting the admissions to M.D./ M.S. Degree Course in pursuance of the Post Graduate Entrance Test 2011. A perusal of CWP No. 7181 of 2011 -2- the written statement show that no candidate belonging to SC/ BC category was meritorious enough to bag the seats by competing in open category. The following paras of affidavit dated 12.05.2011 filed by Dr. S.P. Singh, Senior Nodal Officer makes the whole position clear and the same reads as under: “That the candidate like Bhupinder Singh & Dr. Rajesh Kumar Badhan who applied under the Scheduled Caste Category and had secured more than 50% marks were entitled to be considered for the subjects/ disciplines earmarked for the General category but these two candidates had not opted for any subject/ discipline earmarked for general category. On the other hand they had opted for MD (Radio-diagnosis) which was meant for SC candidates. Therefore there claim could not be considered in the open category/ open merit (general) and they are deemed to occupy the seats meant for SC candidates. Under the facts and and circumstances narrated above, the petitioner have no cause of action to challenge the action of respondent No. 1 & 4 in this context. That it is clarified that Dr. Bhupinder Singh S/o Sh. Tara Singh had secured 420 marks and Dr. Rajesh Kumar Badhan S/o Sh. Tarsem Lal had secured 417 marks, whereas Dr. Ravi Khera S/o Ram Saran Khera securing 444 marks, who belong to General Category. In this manner the candidates belonging to the general category had secured more marks as compared to Schedule Caste Candidates. On these premises the claim of Dr. Bhupinder Singh and Dr. Rajesh Kumar Badhan CWP No. 7181 of 2011 -3- could not be considered against general category and therefore the petitioners have no cause of action to prey to this Hon'ble Court that the claim of the Dr. Rajesh Kumar and Dr. Bhupinder Singh be considered against general category, and in turn they should be considered against the seats meant for SC category.” 2. Mr. K.S. Dadwal, learned counsel for respondent No.2 has stated that in pursuance of Clause 13(c), the quota has been diverted in accordance with the stipulation made in that clause. Even after diversion of quota as per the stipulation, the petitioner has failed to make marks on merit and therefore, the writ petition has been rendered infructuous. The aforesaid factual position could not be disputed by the learned counsel for the petitioner. 3. In view of the above, the writ petition has been rendered infructuous and is disposed of as such. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE July 13, 2011 Atul