C.W.P. No.17122 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. C.W.P. No.17122 of 2010 (O&M) DATE OF DECISION : 25.4.2011 Sulekha PETITIONER VERSUS Baba Farid University of Health Sciences, Faridkot RESPONDENTS CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri M.K.Garg, Advocate for the petitioner. Ms.Alka Chatrath, Advocate for the respondents. MAHESH GROVER, J. By this writ petition the petitioner seeks admission to the M.Sc. (Nursing) Course being run by respondent No.1 in two different Colleges namely University College of Nursing and State Institute of Nursing and Paramedical Sciences, Badal. The petitioner places reliance on the following conditions which are given in the prospectus :- 'Two seats are reserved for University College of Nursing/ State Institute of Nursing and Paramedical Sciences, Badal for teaching staff on merit-cum-seniority basis on the condition C.W.P. No.17122 of 2010(O&M) -2- that they will execute 5 year service bond in the University College of Nursing/State Institute of Nursing and Paramedical Sciences, Badal failing which they will have to deposit Rs.15 lacs to the University.” A comparative appraisal of the merit of various candidates desirous of getting the reserved seat is as below :- --------------------------------------------------------------------------------------------------- Roll No. Name Father's name Category Marks General Rank --------------------------------------------------------------------------------------------------------------------------- 400100 Navdeep Kaur Beant Singh 11 588 9 400191 Sulekha Hans Raj Luna 12 484 90 400170 Satinder Kaur Balkar Singh 12 460 109 --------------------------------------------------------------------------------------------------------------------------- Thus, it is not disputed by the respondents that the petitioner was at Sr.No.2. The candidate appearing at Sr.No.1 was admitted to the University College of Nursing, whereas the petitioner was denied admission for the reason that the respondents had interpreted the aforesaid condition for reservation of seat pertaining to the teaching staff of the college to mean that since two seats were available, it implied that one seat was to be given to both the colleges and since Navdeep Kaur was admitted to the University College of Nursing and there was no other claimant for the State Institute of Nursing and Paramedical Sciences, Badal, the said seat was converted into general category and was filled up accordingly. Learned counsel for the petitioner contended that one seat is lying vacant in the University College of Nursing and the petitioner can be adjusted without causing any upheaval to the already admitted candidates and without C.W.P. No.17122 of 2010(O&M) -3- causing any prejudice to anyone. Learned counsel appearing for the respondents has contended that they had rightly granted admission to the candidate at Sr.No.1 and denied admission to the petitioner on the ground that she did not come within the ambit of one reserved seat meant for the University College of Nursing and in the absence of any other candidate available for the State Institute of Nursing and Paramedical Sciences, Badal, the same was justifiability converted into that of a general category seat. On due consideration of the matter, I am of the opinion that the clause which has been incorporated regarding the reservation of wards of teaching staff, is not happily worded and is ambiguous to say the least. It indicates that two seats are reserved for the University College of Nursing and State Institute of Nursing and Paramedical Sciences, Badal for the teaching staff on merit-cum- seniority basis. The said clause is thus open to the various interpretations, one of them possibly being the one which has been accepted by the respondents. If there were two seats reserved for the teaching staff and even if there was no candidate available for the State Institute of Nursing and Paramedical Sciences, Badal, yet before converting such a reserved seat meant exclusively for the benefit of the teaching staff of the colleges run by the respondent/University, it would have been more appropriate to seek options from the next eligible candidate regarding his/her willingness to join the College at State Institute of Nursing and Paramedical Sciences, Badal in the eventuality of the seat not being available in the University College of Nursing. Such an interpretation would have fulfilled the laudable objective of providing reservation and incentive to the teaching staff of the College. Instead, the respondents have thrown their seats to the general category thereby adversely affecting the reserved seats meant for the teaching staff. The University would do well to remedy the situation and rectify the clause by incorporating an explanation thereto in the forthcoming session. For the C.W.P. No.17122 of 2010(O&M) -4- time being since one seat is lying vacant which is neither in the interest of the College, nor in the interest of the petitioner, I deem it appropriate to direct that the petitioner be accommodated in the vacant seat available in the college. She shall however, be required to complete the requisite course in accordance with the curriculum and in accordance with the rules of the college. Petition stands disposed of. (MAHESH GROVER) April 25, 2011 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO