Court : Punjab and Haryana
Decided on : Sep-28-1989
Reported in : AIR1990P& H329
ORDERM.M. Punchhi, J.1. The petitioner is a member of scheduled castes. He had over 50 per cent marks in the qualifying examination in the 10 + 2 system in order to stake claim to admission in an Engineering College/Institute in the State of Punjab. Statedly there are four institutions which cater to the needs of such aspirants as the petitioner. The Punjab University to whom these colleges are affiliated and institutions attached holds a combined entrance test for determining the merit of candidates seeking admission coming from various sources of qualifying examinations having regard to their equivalancy.2. The petitioner sat in the combined entrance test and obtained 7 1/2 per cent marks approximately. The Government instructions in that regard being Annexure P1 specifically state that for 20 per cent reservation of seats meant for Scheduled Castes and Scheduled Tribes a candidate, in order to obtain admission relatively on merit, must secure 10 per cent marks in the combined entran...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-01-1989
Reported in : I(1991)ACC188
..... rounded off to rs. 87, 000/-. the compensation payable to the claimants is accordingly hereby reduced to this sum. the amount already paid to the claimants under section 92-a of the motor vehicles act 1939 has, of course, to be deducted from this sum. in other words, the compensation payable to the claimants now would be rs. 72, 000/- which the ..... of the matador, the tribunal held the claimants entitled to a sum of rs. 1, 13, 200/- as compensation including the amount already received by them under section 92-a of the motor vehicles act, 1939.2. reference to the record would show that harish chander deceased was only about 23 years of age at the time of his death. the claimants .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Aug-16-1989
Reported in : AIR1990P& H32
..... , 1988, decided to follow the system of normalisation of marks. but this fact appeared in the press in april, 1989 only, both in the hindi as also english sections though it was somewhat discrepant. the petitioners further assert that the government of india, on the other hand, vide advertisement annexure p-3 dated march 15, 1989, had ..... d. university on november 4, 1988, resolved to accept the process, and the matter was sent to the press for publication. the discrepancy in the english and hindi sections was said to be inadvertent, it was cross asserted that the government of india had vide letter dated may 2, 1989, approved normalization principle as devised by the government ..... (air 1989 sc 1899), provides us the answer that we cannot resort to substituting any state action and it must be left to the legislature or the executive to act within its own sphere under the consti-tuiton. so in this regard, we would be unable to issue any direction to the respondents, for they are supposed to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-17-1989
Reported in : AIR1990P& H84
..... fifth and sixth semester examinations, he would have got 699 marks and would have been a topper i.e. he would have secured position in the university merit list. the act of the university in not giving him credit of three marks was in violation of rules 9.2 and 10 contained in punjab university calendar, 1985 (vol. iii).3. the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-15-1989
Reported in : AIR1990P& H65
ORDERM.M. Punchhi, J.1. Institutional preference, local requirement and a host of oilier factors, which have found way in judicial precedents of the apex Court and the High Courts, have already taken a large share of the cake in medical and technical institutions in the country. Whatever little share is left to be divided on all India basis, so that India remains at least within that sphere one country, is, in our view, sought to be eroded by the attempt made in this behalf, in the instant petition.2. The petitioner herein got a seat in the MBBS Course in the Jawaharlal Nehru Medical College, Belgaum, affiliated to the Karnataka University, Dharward. He found himself uncomfortable there. As averred in paragraph 3 of this petition, he was threatened by certain local groups of anti-social elements and he suspected that they might resort to sudden unprovoked violence causing him physical harm or even loss to his life. On that basis, he sought migration to Dayanand Medical College, Ludhian...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-30-1989
Reported in : AIR1990P& H187
ORDER1. In this petition filed under Art. 226 and 227 of the Constitution the short question involved is as to whether the policy decision of the State Government dated 11th January, 1962 (Annexure P-4), providing reservation of 2 per cent of seats in technical/ medical institution in the State in favour of 'outstanding sportsmen', is applicable at both the stages that is, in M.B.B.S. as well as in M.D./M.S., or the same is restricted only to M.B.B.S. Degree Course and is not available to the sportsmen in the M.D./M.S., even though no exception to that effect is carved out in the policy decision itself. Obviously, the reply has to be in favour of the sportsmen thereby upholding the reservation in M.D./ M.S. courses also.2. The petitioner is an outstanding sportsman of international standing. He represented India under 19/20 years' age group in the; discipline of cricket; in the year 1980-81. He was selected in the Indian Cricket Team which visited Sri Lanka for playing the test-match a...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-02-1989
Reported in : AIR1990P& H78
ORDERJ.V. Gupta, J.1. This order will also dispose of Civil Writ Petition No. 5636 of 1989 as the question involved is common in both the cases.2. In the year 1987, petitioners were admitted in the Medical College, Amritsar for M.B.B.S. Professional course on the basis of merit in P.M.T. test held by the respondents No. 1 to 4. According to the petitioners, they gave their first choice of admission to the Government College, Patiala as they belong to District Patiala but they were given admission for the said M.B.B.S. course at Medical College, Amritsar. Petitioners passed their first professional examination from Guru Nanak University, Amritsar held in the month of November/December, 1988. Petitioner No. 1 Dhiraj Sarwal secured 530 marks out of 750 whereas petitioner No. 2 Sandeep Singla secured 517 marks out of 750. The petitioners now wanted migration from Amritsar to Patiala for further study. According to the petitioners, the matter relating to migration/re-allocation/mutual trans...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-28-1989
Reported in : AIR1990P& H156
ORDER1. This petition is directed against the order of the trial Court dt. 14-10-1987, whereby the application filed on behalf of the plaintiff for amendment of the plaint was rejected. The plaintiff-petitioner HolaRam along with one Smt. Ram Piari filed a suit for possession by way of pre-emption claiming themselves to be the tenants on the suit land in equal shares. During the pendency of that suit Smt. Ram Piari plaintiff died. The application filed by her legal representatives to be brought on the record was dismissed by the trial Court by an, order dt. 22-12-1984. Revision petition against the said order was also dismssed by this Court reported as Karan Chand v. Kewal Krishan, 1985 Pun LJ 581.2. After having failed, the plaintiff Hola Ram then moved an application for amendment of the plaint claiming therein that he is entitled to the total land being tenant thereon after the death of Smt. Ram Piari. That application was opposed by the defendants and the trial Court dismissed the ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-15-1989
Reported in : AIR1990P& H218
ORDERM.R. Agnihotri, J.1. This is a letters patent appeal filed under Clause X of the Letters Patent against the judgment dated 17th February. 1989, passed by the teamed single Judge by which C.W.P. No. 9016 of 1988 filed by petitioner-appellant, Jagat Narain Gupta, was dismissed.2. The appellant had prayed for the issuance of a writ of mandamus directing the Punjab University to add 3 marks to the aggregate marks secured by him as a result of the Fifth and Sixth Semester Examinations of the LL.B. Course, which marks the appellant had gained by re-evaluation of one of the papers in the Fifth Semester Examination. This addition of 3 marks gained by re-evaluation in the Fifth Semester was considered as material by the appellant, as by this process he would have stolen a march over Jasdeep Singh and Rajneesh Kumar Gupta, respondents Nos. 3 and 4, which would have enabled the appellant to claim Gold Medal to be awarded, being topper in the LL.B. (Final) Examination of the University.3. The...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-19-1989
Reported in : AIR1989P& H257
J.V. Gupta, J.1. This petition isdirected against the order of the trial Courtdated 24th Sept. 1988, whereby on the objection petition filed by the-defendant petitioner against the report of the localcommissioner an issue was framed and thedefendant was directed to produce hisevidence on the said issue. 2. The plaintiff filed a suit for partition. He concluded his evidence and when the case was fixed for defendant's evidence he filed an application for the appointment of the local Commissioner for demarcation of the suit property as provided under Order 26 Rule 9 of the Code of Civil Procedure (for short 'the Code'). Consequently, Tehsildar, Karnal was appointed as local commissioner and he submitted his report. Objections were raised against the said report and thereafter the trial Court appointed Tehsildar (Sales) Karnal as the local commissioner who submitted his report dated 25th Nov. 1987. Against this report objections were filed by the defendant-petitioner. The main objections w...
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