Srishti Jindal and Another vs State of Punjab and Others

Rakesh Kumar Jain, J.—By way of this order, I shall dispose of three writ petitions bearing CWP Nos. 19616, 21237 and 22096 of 2013

as common issue is involved in all these petitions. However, the facts are extracted from CWP-19616-2013. Respondent No. 2 offered

admissions to the MBBS/BDS Courses for the session 2013-14 on the basis of rank obtained in the National, Eligibility-cum-Entrance Test

(NEET-UG-2013). According to Clause 2 of the notification dated 05.06.2013, contained in the prospectus, the admission to the MBBS/BDS

Courses in all the categories including NRI was based on the percentile merit obtained in NEET-UG-2013 conducted by the Central Board of

School Education.

The case of the petitioners is that as per Clause 2 of Part II of the prospectus, in order to fill up the NRI seats in the University, and private

colleges, applications were required to be sent to the University after obtaining eligibility certificate from the University. Clause 2 of Part II of the

prospectus is reproduced as under:--

NRI SEATS: Applications for these seats in government, university and private colleges shall have to be sent to the University after obtaining the

eligibility certificate from the university. Subject to the important note given below, candidates will be admitted in the courses/institutions as per

Government Notification No. 5/3/2009-3HB-III/2883 dated 05.06.2013 and as per provisions of this Prospectus by a Selection Committee

constituted for this purpose. Only those candidates who qualify in the NEET-2013 and meet other laid down conditions shall be eligible to apply.

The applications of the ineligible candidates will be rejected.

The list of the Colleges and the seat availability shown at various places in this prospectus may vary and the final status shall be displayed at the

time of counselling.

Notwithstanding candidate''s participation in NEET-2013, only those candidates who are eligible as per the Prospectus, University Rules and the

Punjab Govt. Notification No. 5/3/2009-3HBIII/2883 dated 05.06.2013 and apply for admission shall be considered for admission.

The petitioners have also relied upon Clause 16(ii) & (v) of the notification dated 05.06.2013, which are also reproduced here-as-under:--

16(ii) The NRI seats in S.G.R.D. Institute of Medical Sciences and Research will be divided equally in to Government Quota and Minority Quota.

The Principal of Shri Guru Ram Dass Institute of Medical Sciences will be member of the counselling committee in regard to the seats of the

institute and the representative of the Government and Baba Farid University of Health Sciences, Faridkot will be observer for the smooth conduct

of the counselling of minority seats.

16((v) In case of any seat remaining vacant under NRI quota, during/after 2nd centralized counselling of NRI quota in state colleges, shall go to

general pool and in the unaided-private colleges/minority colleges shall go to the management/minority quota. The NRI left over seats converted

into Government quota/Management/Minority quota will be filled by the Counselling Committee from amongst the eligible NEET-UG-2013 on

percentile merit.

It is alleged that as per the above said Clause, 22 seats reserved for NRI quota with respondent No. 3 was divided as per Category-I and

Category-II and were to be filled up after the 2nd centralized counselling for NRI quota and were available to General Pool to be filled up by the

Counselling Committee from amongst the eligible NEET-UG-2013 on percentile merit.

The petitioners have also made a reference to Clause 17 of the notification dated 05.06.2013 with regard to distribution of seats, which reads as

under:--

Admission to Private Institutes

a. The distribution of seats in private medical institutions would be:

b. As per the directions of Hon''ble Supreme Court of India in Civil. Appeal No. 4318 of 2012, there will be only two centralized counselling. No

counselling will be permitted after 2nd centralized counselling even the extended 2nd counselling. Admissions are to be granted strictly as per the

merit by 15th September of the corresponding year. During the period of 16th September to 30th September only admission can be made against

vacant seats resulting from exceptional circumstances or surrendered seats.

c. The vacancy, if any, generated due to exceptional circumstances or surrender of seats after the 2nd centralized counselling would be filled by the

admission committee headed by the Principal of the Institute concerned and comprising of the representative each of the Government and the

University, strictly on the basis of merit in the NEET of the corresponding year. The Principals of the concerned Institutes will request the

Government and the University well in advance for nominating their representatives. The college will give due publicity through internet, newspaper

and notice board of the respective college. Every effort is to be made to ensure admissions on merit and not in a manner which is ex facie arbitrary

and casts the shadow of favouritism.

d. The Government quota seats would be filled up, on the basis of NEET-UG-2013 merit, by the Admissions Committee appointed by the

Government.

e. The Management Quota seats would be filled up by the admission Committee headed by the Principal of the Institute concerned and comprising

of the representative each of the Government and the University, strictly on the basis of percentile merit in the NEETUG- 2013.

f. The Principals of the concerned institutes will request the Government and the University well in advance for nominating their representatives.

Government quota seats remaining vacant will be transferred to Management Quota. University will adjust a calendar of admission to the

management quota seats in such a way that admission dates do not clash.

g. The private institutions would give wide publicity in at least three leading newspapers one each in English, Hindi and Punjabi before filling up

seats and the candidates would be given at least 14 days time to apply. The applications shall be received by the institutions directly. In any case

the admission form would not be denied to any candidate. Applications may also be received by Baba Farid University of Health Sciences,

Faridkot.

h. The forms for Management Quota seats will have to be made available on the website of the University also so that the same may be

downloaded by the candidates to enable them to apply for the said quota by paying the requisite fee in the form of demand draft payable in the

name of the institute which should reach the institute concerned by the last date and time fixed by them.

i. The minority quota seats shall be filled on the basis of inter se merit of the candidates in the test conducted by the minority institute, or on the

basis of percentile merit of NEET-UG-2013. The institutions will also upload the admission form on institute website.

j. The representative of the University would be at liberty to place on record the copies of applications received in the BFUHS directly for

admission to the institutes, for consideration by the Committee.

k. The institute shall not refuse the acceptance of the form under any circumstances and shall be bound to issue a receipt of the same. In case of

refusal by the institute, the Application Form may be sent to the Chairman Admission Committee/Registrar BFUHS giving details of refusal in the

forwarding letter.

It is alleged that as per Clause 16 and 17, reproduced here-in-above, the NRI left over seats shall be put to the general category and the college

would give due publicity through various means to give admission on merit basis but respondent No. 3 even before the 2nd counselling, allotted the

NRI seats to various candidates who were lower than the petitioners in merit.

In reply filed by respondent No. 3, it is alleged that the petitioners have concealed certain facts and has made the following averments:--

i) That there are 7 Private Medical Colleges in the State of Punjab namely Dayanand Medical College and Hospital Ludhiana, Christian Medical

College Ludhiana, Sri Guru Ram Das Institute of Medical Sciences & Research Amritsar, Gyan Sagar Medical College Banur, Punjab Institute of

Medical Sciences Jalandhar, Adesh Institute of Medical Sciences Bathinda and Chintpurni Medical College Pathankot. In the notification issued by

the Punjab Govt. on 05.06.2013 (Annexure P-2), in para No. 1, it is mentioned that Answering Respondent along with Christian Medical College,

Ludhiana have been excluded from the application of the notification (Annexure P-2). Therefore, the reliance on clause 16 and 17 of the

notification is unwarranted.

ii) That for the admission to the Session 2013-14, the merit is the only criteria adopted by the Answering Respondent. There are 22 seats in the

NRI Quota for admission to the undergraduate MBBS Course. Out of this, 50% is meant for Govt. Quota and 50% for the Sikh Minority Quota.

Meaning thereby (11 seats in Govt. and 11 seats in Sikh Minority quota).

iii) That for admission to NRI Quota the requirement is that the candidates should be NRI and should have obtained eligibility certificate from Baba

Farid University of Health Sciences Faridkot. Advertisement for the same was given on 15.06.2013. The last date of filling up of the admission

forms was fixed by the Answering Respondent up to 29.06.2013 by 3.00 P.M.

iv) That the first counselling took place on 01.07.2013 and only 02 NRI candidates who applied during above said period were admitted in the

NRI quota.

v) That thereafter 20 left out NRI seats were advertised in the National Daily Newspaper Hindu for its publicity all over the country and also in Ajit

Newspaper, Punjabi Tribune on 03.07.2013. Copies of the Admission Notices published in the Newspapers respectively are attached as

Annexure R-3/1, R-3/2 and R-3/3. The last date of filling up of the admission forms was fixed by the Answering respondent up to 17.07.2013 by

3.00 P.M.

It was also made clear in the admission notice that NRI candidates whether SMET/NEET qualified/appeared/non appeared can also apply on a

separate available application form, whosoever, applies during this period will be given preference over NRI left over candidates subject to

outcome of petition pending in the Hon''ble Punjab and Haryana High Court regarding eligibility criteria for NRI."" It is further alleged that the

petitioners never applied for NRI left out seats in respect to the public notice published in various newspapers on 03.07.2013. It is further alleged

that the 2nd counselling for admission to NRI left out quota seats was held on 19.08.2013 at 12.00 noon by the Counselling Committee after

second counselling of Sikh Minority quota. 3 more NRI candidates, who applied during the above said period along with eligibility certificates

issued by Baba Farid University of Health Sciences, Faridkot, were given admission. The remaining 17 seats were filled up from the eligible

qualified applicants as per merit, who submitted the undertaking regarding enhancement of fee, as per interim order passed by the Supreme Court

in Civil Appeal No. 7046-7051 of 2011. It is also submitted that the same procedure has been adopted by Baba Farid University of Health

Sciences, Faridkot for admission under NRI left over quota in various other private medical colleges of the State of Pun-jab. The counselling was

conducted in the presence of nominee of the Baba Farid University of Health Sciences, Faridkot and the State Government. On merits, it is alleged

that the petitioners have got admission in Gian Sagar Medical College, Banur in the management quota and they have also deposited their fees. The

name of petitioner No. 1 is at Sr. No. 5 and the name of petitioner No. 2 is at Sr. No. 16.

Reply is also filed on behalf of respondent Nos. 4 and 5 (students) who have alleged that they had applied for admission in terms of the notice

published by respondent No. 3 in the newspaper against the NRI left over quota seats. They also gave undertaking, as mentioned in the admission

notice, with regard to abiding by the enhancement of fee as per interim order of the Supreme Court. The petitioners never applied in response to

the admission notice 03.07.2013 nor participated in the counselling dated 19.08.2013.

I have heard learned counsel for the parties and perused the record.

In this case, the grievance of the petitioners is that respondent No. 3 has given admission against the NRI left over seats even before the 2nd

counselling and without any due publicity. Respondent: No. 3 has placed on record notices published in ""The Hindu"" dated 03.07.2013 in which it

is categorically mentioned that ""Application Form for admission to MBBS & BDS (NRI Left Over Seats) in Sri Guru Ram Dass Institute of

Medical/Dental Sciences & Research, Sri Amritsar respectively is available in the above said institutions for SMET/NEET Qualified candidates

who are ready to furnish an undertaking regarding abiding by the enhancement of fee, if any as per the Interim Order of Hon''ble Supreme Court of

India in Civil Appeal No. 7048-7051 of 2011. Last date for receipt of completed Application Form is 17/07/13 by 3.00 p.m. NRI Candidates

whether SMET/NEET qualified/appeared/non-appeared can also apply on separate available Application form, who so ever applies during this

period will be given preference over NRI Left over candidates but final admission of NRI will be subject to the outcome of petition pending in the

Hon''ble Punjab & Haryana High Court regarding eligibility criteria for NRI"". The said notice was also published in the ""Ajit Samachar"" and ""The

Punjabi Tribune"" of 03.07.2013, which are attached as Annexure R-3/1, R-3/2 and R-3/3 respectively. Thereafter, the second counselling was

held on 19.08.2013 at 12.00 p.m. with regard to 20 NRI seats in which Dr. J.S. Khullar, Representative of Baba Farid University of Health

Sciences and Dr. Ram Saroop Sharma, Representative of the Government of Punjab participated. In the 2nd counselling held on 19.08.2013, 3

more candidates were given admission against NRI quota and the remaining 17 NRI left over seats were filled up from the eligible qualified

applicant as per merit, who gave their undertaking regarding enhancement of fee, if any. Thus, it cannot be said that neither publication has been

made nor the remaining NRI left over seats have been filled up after conducting the 2nd counselling. The petitioners have alleged that there is

violation of the provisions of notification dated 05.06.2013 at the hands of respondent No. 3 infilling up Government Quota NRI left over seats,

whereas the stand taken by respondent No. 3 is that the said notification dated 05.06.2013 is not applicable to them as provided in Clause 1 of

the said notification itself, which reads as under-

The Governor of Punjab is pleased to notify the admissions to Under-Graduate Degree courses i.e. MBBS/BDS for the year 2013 onwards in

the medical/Dental, institutes in the State of Punjab including the Private Universities. All the Medical/Dental institutions whether Government,

private, aided, unaided and under various Universities will be covered by this notification except Christian Medical College, Ludhiana, Christian

Dental College, Ludhiana, S.G.R.D. Institute of Medial Sciences & Research, Amritsar and S.G.R.D. Institute of Dental Sciences & Research,

Amritsar.

In view of the above, I do not find any error in the admission procedure adopted by respondent No. 3 and hence, all the three writ petitions are

hereby dismissed.