Arshpreet Kaur Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154330
CourtPunjab and Haryana High Court
Decided OnJul-04-2014
AppellantArshpreet Kaur
RespondentState of Punjab and Another
Excerpt:
cwp no.12253 of 2014 -1- in the high court of punjab & haryana at chandigarh cwp no.12253 of 2014 date of decision:04.07.2014 arshpreet kaur ....petitioner versus state of punjab & another ......respondents coram: hon'ble mr.justice g.s.sandhawalia present: mr.mohit jaggi, advocate, for the petitioner. ***** g.s.sandhawalia j.(oral) 1. prayer in the present writ petition is for admitting the petitioner in the mbbs cours.after considering her category under “wards for terrorist affected persons”. for which, 2% seats are reserved, for the academic year 2013- 14 (wrongly mentioned instead of 2014-15) and by setting aside the condition of minimum 50% qualifying marks as given in the prospectus and to permit the petitioner to attend the counselling, during the pendency of the present writ petition. 2. counsel for the petitioner has placed reliance upon notification dated 31.08.1987/01.09.1987 to submit that for the abovesaid category, the minimum qualifying marks had been dropped to 35% in the entrance examination and therefore, the petitioner be considered for counselling on the strength of the said decision. 3. the said submission cannot be accepted. the said notification pertains to the admission on the basis of the notification which was issued in the year 1987 to the mbbs/bds courses when the government had reduced the minimum eligibility conditions. for admissions which are now to be granted, the sailesh ranjan notification which is relevant is dated 07.03.2014, which is part of the prospectus 2014.07.08 10:39 i attest to the accuracy and integrity of this document cwp no.12253 of 2014 -2- (annexure p2).as per clause 7 of the prospectus, in order to be eligible for the said courses, it is necessary to obtain minimum of 50% marks in all india pre medical test, 2014, which was conducted by the central board of secondary education, new delhi. the petitioner has, admittedly, appeared in the said examination and has only secured 292 marks out of 720 and therefore, not qualified for admission. the category against which she is applying has already a reservation of 2% seats but the petitioner has failed to achieve the minimum qualification which are prescribed, as per the notification and cannot seek issuance of a writ of mandamus to the state to lower the minimum qualifying marks below the one prescribed in the prospectus as she has got no legal statutory right to do so. it is settled principle of law that the prospectus has the force of law and the prayer for dropping the bar cannot be, thus, accepted in the absence of any valid reason. 4. accordingly, this court is of the opinion that there is no merit in the present writ petition and the same is hereby dismissed in limine. 04.07.2014 (g.s.sandhawalia) sailesh judge sailesh ranjan 2014.07.08 10:39 i attest to the accuracy and integrity of this document
Judgment:

CWP No.12253 of 2014 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.12253 of 2014 Date of decision:04.07.2014 Arshpreet Kaur ....Petitioner Versus State of Punjab & another ......Respondents CORAM: HON'BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr.Mohit Jaggi, Advocate, for the petitioner.

***** G.S.Sandhawalia J.(Oral) 1.

Prayer in the present writ petition is for admitting the petitioner in the MBBS couRs.after considering her category under “Wards for terrorist affected persons”.

for which, 2% seats are reserved, for the academic year 2013- 14 (wrongly mentioned instead of 2014-15) and by setting aside the condition of minimum 50% qualifying marks as given in the prospectus and to permit the petitioner to attend the counselling, during the pendency of the present writ petition.

2.

Counsel for the petitioner has placed reliance upon notification dated 31.08.1987/01.09.1987 to submit that for the abovesaid category, the minimum qualifying marks had been dropped to 35% in the entrance examination and therefore, the petitioner be considered for counselling on the strength of the said decision.

3.

The said submission cannot be accepted.

The said notification pertains to the admission on the basis of the notification which was issued in the year 1987 to the MBBS/BDS courses when the Government had reduced the minimum eligibility conditions.

For admissions which are now to be granted, the Sailesh ranjan notification which is relevant is dated 07.03.2014, which is part of the prospectus 2014.07.08 10:39 I attest to the accuracy and integrity of this document CWP No.12253 of 2014 -2- (Annexure P2).As per clause 7 of the prospectus, in order to be eligible for the said courses, it is necessary to obtain minimum of 50% marks in All India Pre Medical Test, 2014, which was conducted by the Central Board of Secondary Education, New Delhi.

The petitioner has, admittedly, appeared in the said examination and has only secured 292 marks out of 720 and therefore, not qualified for admission.

The category against which she is applying has already a reservation of 2% seats but the petitioner has failed to achieve the minimum qualification which are prescribed, as per the notification and cannot seek issuance of a writ of mandamus to the State to lower the minimum qualifying marks below the one prescribed in the prospectus as she has got no legal statutory right to do so.

It is settled principle of law that the prospectus has the force of law and the prayer for dropping the bar cannot be, thus, accepted in the absence of any valid reason.

4.

Accordingly, this Court is of the opinion that there is no merit in the present writ petition and the same is hereby dismissed in limine.

04.07.2014 (G.S.SANDHAWALIA) sailesh JUDGE Sailesh ranjan 2014.07.08 10:39 I attest to the accuracy and integrity of this document