Miss Seema Kataria vs State of Punjab and others

M.M. Punchhi, J.—These are two writ petitions which engage out attention. In CWP No. 5728 of 1988 we have heard both learned counsel after notice of motion. Return however, has not been filed by the respondents. In CWP No 5896 of 1988, we have heard the learned counsel for the petitioner since notice of motion was not issued in this petition. Both the petitions shall stand disposed of by a common order.

There is a competitive entrance examination for admission to MBBS/BDS Courses in the State Medical/Dental Colleges in Punjab. The Prospectus for the year 1988 issued by the Gurunanak Dev University, Amritsar, prescribes that a candidate must secure a minimum percentage of marks in the said competitive entrance examination in order to qualify for admission. Qualifying marks are prescribed as follows:-

(i) 25% for Scheduled Castes/Scheduled Tribes.

(ii) 35% for the Sportsmen/Sportwomen. Children/Grandchildren of the Political Sufferers, Handicapped and November 1984 Riot affected Displaced persons/Terrorist Affected (Dependents of Terrorist Affected) families in Punjab, and:

(iii) 50% for the remaining categories including the general category.

The petitioner in CWP No. 5728 of 1988, Miss Seema Kataria is a Scheduled caste and claims that she could qualify for admission on attaining (sic) percent marks. The petitioner in CWP No. 5896 of 1988, Ashish Gupta claims that he falls within the category of 35 percent qualifications because there is a reservation of 2 percent seats in favour of candidates from border areas and he being a person from the border area, was entitled to qualify for admission on attaining 35 percent marks despite the fact that the University has omitted, perhaps accidently, to clearly specify or add such category in that behalf.

It has been pointed out on behalf of the respective petitioners that since the result of the examination was not satisfactory, the University had given 15 moderation marks to each candidate, whereby the result was altered. It was complained that the method adopted for admission has heavily tilted in favour of the general category candidates and an effort was being made to divert the seats meant for the reserved categories to the general category. Reliance was placed on Dinesh Kumar and Others Vs. Motilal Nehru Medical College, Allahabad and Others, to contend that the seats were not being computed in terms of the said precedent.

We have had the matter elaborated. We find there were 400 seats in all, out of which (sic) seats were meant for MBBS Course and the remaining 50 for BDS Course. Out of these 400 seats, 25 percent were meant for the reserved categories of the Scheduled Castes and Scheduled Tribes, as per the rule in Dr. Dinesh Kumar''s case (supra). This would mean that there were 87 seats for MBBS Course and 13 seats for BDS Course kept for the Scheduled Castes and the Scheduled Tribes Classes. Miss Seema Kataria petitioner in the merit list was at 92nd place of the Scheduled Castes and could possibly be one of the hundred eligible candidates. But here, it is to be noticed that she could not secure 25 percent marks and thus could not qualify for admission despite the availability of the reserve seat.

So far as, Ashish Gupta petitioner is concerned, 35 percent qualifying marks are required for admission for the above specified class of Sportsmen/Sportswomen or Children/Grand children of the Political Sufferers etc. and not to all in whose favour reservations have been made in the categories other than Scheduled Castes and Scheduled Tribes category. For instance, there is a reservation in favour of the backward area candidates, nominees of the Central Government and the State Govt., children/widows of defence personnel and Punjab Police et cetera There are in all 14 heads of reservation as categorised in the prospectus. But out of them, only a few have been chosen to be entitled to 35 percent marks in order to qualify for admission. The remaining do not. They are kept, like the general category candidates, at 50 percent qualifying marks. Yet reservation in favour of such people at least puts them at some advantage as they become entitled to admission even on a lesser percentage when compared with the general category candidates. So, it is futile to contend on his behalf that this is no reservation at all, for there obviously is, as has been seen presently. Thus, Ashish Gupta too has no case to press for admission.

As a result of the foregoing discussion, we dismiss both these petitions in limine.