Judgment:
CWP No.6223 o”
1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CWP No.6223 of 2012 Date of Decision :
20. 5.2013 Anand Ghai .....Petitioner versus Baba Farid University of Health Sciences ....Respondent ..CORAM : HON'BLE Mr.JUSTICE RAMESHWAR SINGH MALIK ..Present : Mr.Vivek Singla, Advocate for the petitioner.
Mr.Sharad Sanwal, Advocate for the respondent..RAMESHWAR SINGH MALIK, J Can a Scheduled Caste candidate be denied admission against the reserved seat only because in the application form submitted for entrance test, he had shown his category as `General', is the short question of law that falls for consideration of this court.
While aspiring for admission in the Post Graduate Medical Degree Course, petitioner applied for admission in the reserved quota meant for PCMS in service doctORS.Respondent-university was the examination conducting authority.
Petitioner appeared in the entrance test as per his admit card (Annexure P-1) and his result was declared vide Annexure P-2.
As per clause 2 of instructions for admission, a candidate who qualify the Post Graduate Entrance Test (PGET) 2012, was eligible to apply for admission to CWP No.6223 o”
2. Post Graduate CouRs.on the prescribed form.
After qualifying the PGET, petitioner submitted his admission form seeking admission, claiming himself in the category of Scheduled Caste, against the 60% quota meant for PCMS in service doctORS.However, the petitioner was not considered in the Scheduled Caste category on the ground that he did not say so in the OMR application form, while applying for the entrance test.
Feeling aggrieved, the petitioner has approached this court by way of present writ petition.
Notice of motion was issued vide order dated 2.4.2012, allowing the petitioner to appear before the Admission Committee against the reserved category, subject to final decision of the writ petition.
The reply was filed on behalf of respondent-university, contradicting the allegations levelled by the petitioner.
Learned counsel for the petitioner submits that only result of the entrance test would qualify the eligibility of the candidate.
Once the petitioner became eligible as per his result Annexure P-2, he applied for the admission in question, in the Scheduled Caste category, against the reserved quota of 60% meant for the PCMS in service doctORS.for the purpose of admission in the Post Graduate course.
It would be totally immaterial, if anybody has not put the particular category in the OMR application form, because the right of reservation would be considered only after the candidate becomes eligible, after passing the entrance examination.
He submits that the case of the petitioner was squarely covered by a Full Bench judgement dated 3.11.1999 passed by this court in CWP No.11367 of 1997 (Abhinider Singh Thind versus Panjab University, Chandigarh and another) Annexure P-3.
Full Bench judgement of this court in Raj Singh versus Maharishi Dayanand University, 1994(4) Rs.289, was not applicable having been rendered in a different set of CWP No.6223 o”
3. circumstances.
Finally, he prays for allowing the present writ petition.
Per contra, learned counsel for the respondent-university submits that since the petitioner did not apply in the Scheduled Caste category, at the time of submitting his application for entrance test, he was not entitled to change his category, in view of the provisions of the prospectus.
It was only an after thought and the petitioner was not entitled to take the benefit of his own wrong.
Relying upon the Full Bench judgement of this court in Raj Singh's case (supra).he prays for dismissal of the writ petition.
Having heard the learned counsel for the parties at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the rival contentions raised, this court is of the considered opinion that the present writ petition deserves to be allowed.
To say so, reasons are more than one, which are being recorded hereinafter.
It is undisputed on the record that the petitioner was a PCMS in service doctor and was entitled to be considered for admission to the Post Graduate course, in the 60% quota meant for PCMS in service doctORS.It is also not disputed that entrance test would establish only the eligibility of the candidate and passing the entrance test itself, will not ipso facto a guarantee for admission.
After declaration of his result at Annexure P-2, thereby making the petitioner eligible for admission in 60% quota meant for the PCMS in service doctORS.he submitted his admission form on the prescribed proforma, claiming himself to be the candidate of Scheduled Caste category.
Once it is so, it does not appeal to reason, as to how the petitioner was late and how he should not have been considered in the Scheduled Caste category.
Mere passing of the entrance test thereby becoming eligible will itself not be sufficient for admission.
In this view of the matter, action of the respondent-university CWP No.6223 o”
4. cannot be sustained.
Eligibility of the petitioner was not in dispute.
It was also not in dispute that the petitioner was belonging to the Scheduled Caste category.
It is undisputed on record that after declaration of the result Annexure P-2, petitioner applied in the Scheduled Caste category, seeking admission against the 60% quota meant for PCMS in service doctORS.In this view of the matter, this court feels no hesitation to conclude that the petitioner was entitled to be considered in the Scheduled Caste category, under 60% quota meant for PCMS in service doctORS.The contrary stand taken by the respondent-university is misconceived and cannot be accepted.
Petitioner could not have been put out of zone of consideration, simply because at the time of submitting his form for the entrance test, he did not mention himself belonging to Scheduled Caste.
In fact, that was no occasion for the petitioner to claim himself as Scheduled Caste candidate.
Further, once the eligibility of the petitioner was established after declaration of his result vide Annexure P-2, he immediately claimed the benefit of his Scheduled Caste category, mentioning it in his admission form.
Thus, the petitioner cannot be said to be at fault in this regard.
Further, the view taken by this court also finds support from the Full Bench judgement of this court in Abhinider Singh's case (supra).The relevant observations made by the Full Bench, which can be gainfully followed in the present case, read as under :- “ A conjoint reading of the provision of the prospectus issued for Entrance Test 1997 and the Panjab University Calendar shows that the eligibility conditions for the entrance test do not regulate admissions to the regular LL.B CWP No.6223 o”
5. (Professional) couRs.which is regulated by the provisions of the University Calendar.
The plain language of paragraphs 2,18,19 and 34 of the prospectus makes it clear that mere passing of the entrance test does not entitle a candidate to get admission in the LL.B., couRs.as of right.
For that he is not only required to submit fresh application form but also fulfill the conditions laid down in the University Calendar.
There is no provision in the prospectus for reservation of Scheduled Castes etc.which is governed by the University Calendar.
This is further clarified by the use of the non- obstante clause in para 34 and stipulation in para 18 that admissions shall be made on the basis of relative merit of the candidates subject to such reservations and weighages prescribed in the rules of admission of the University Department concerned.
This, in our opinion, is also sufficient to remove any doubt about the limited scope of the provisions contained in the prospectus.
Therefore, we are unable to agree with the learned counsel for the respondents that even though in column 9 of the application form submitted by him for admission to the application form submitted by him for admission to the LL.B.CouRs.the petitioner had shown himself to be a member of Scheduled Caste and had produced the required certificate, he is not entitled to be considered for admission against the reserved seat because in the application submitted for admission to the Entrance Test-1997, he had declared himself to be a CWP No.6223 o”
6. candidate of general category.
We are further of the view that as the prospectus issued for admission to the Entrance Test 1997 is silent about reservation of seats for Scheduled Castes etc., column 12 of the application form in which the candidates were required to indicate their category was superfluous and the entries contained in that column cannot be made basis for denying admission to a candidate who fulfils the conditions prescribed in the University calendar.”
The concluding observations made by the Full Bench, which clinched the issue in favour of the petitioner, read as under :- “ Rather, we hold that a candidate who has applied for admission to the regular couRs.of the university as a candidate of reserved category cannot be denied consideration for admission against such category merely because he indicated himself to be a member of general category in the application form submitted for entrance test.”
Respectfully following the law laid down by the Full Bench, it is unhesitatingly held that the petitioner was entitled to be considered in the reserved category of Scheduled Caste, for admission to the Post Graduate couRs.in question, against the 60% quota meant for PCMS in service doctORS.It is so said because any contrary interpretation will result in miscarriage of justice and shall also run counter to the law laid down by the Full Bench in CWP No.6223 o”
7. Abhinider Singh's case (supra).Thus, the question posed at the outset is answered, accordingly, in favour of the petitioner.
So far as the judgement in Raj Singh's case (supra).relied upon by the learned counsel for the respondent-university is concerned, the same is not applicable in the present case, for the reason that it was rendered on altogether different set of circumstances for admission to the MBBS course, for which there was no reserved quota for PCMS/HCMS in service doctORS.It is the settled proposition of law that peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge-made law thereto.
It is equally true that some times, one additional fact or circumstance can make the world of difference, as held by the Hon'ble Supreme Court in Padmausundrao Rao and another versus State of Tamil Nadu and otheRs.2002 (3) SCC 53.Reverting back to the peculiar fact situation of the present case, clause 4.7 of the prospectus, reads as under :- “4.7 Candidates shall attach copies of certificates in support of their eligibility, quota, category etc.No copies of certificates will be accepted separately and after the submission of Admission Application Form and no reservation shall be allowed under any category(ies) if the same is not mentioned in the OMR Application Form.”
A bare reading of the above said relevant clause would make it clear that once the candidate becomes eligible, after passing of the entrance test and he submits his admission application form, he was required to attach the copies of certificates in support of his eligibility, quota, category etc.Once it is CWP No.6223 o”
8. so provided in the prospectus itself, no fault can be found with the candidature or application form of the petitioner and he could not have been denied the benefit of admission, as per his eligibility and merit against the 60% quota meant for PCMS in service doctORS.considering the petitioner in the Scheduled Caste category.
The impugned action taken by the respondent- university was neither factually correct not legally justified and could not be sustained.
No other argument was raised.
Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this court is of the considered view that petitioner was entitled to be considered for admission against the 60% quota meant for PCMS in service doctORS.considering the petitioner in the Scheduled Caste category.
Consequently, respondent authorities are directed to regularise the admission of the petitioner and he shall be allowed to complete his Post Graduate Degree, however, in accordance with law.
Resultantly, with the observations made and directions issued hereinabove, the instant writ petition stands allowed, but no order as to costs.
20.5.2013 (RAMESHWAR SINGH MALIK) GS JUDGE