Punjab-Haryana High Court
Vikrant Jarewal And Others vs State Of Punjab And Ors on 4 September, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No.6123 of 2014 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.6123 of 2014
Date of Decision.04.09.2014
Dr. Vikrant Jarewal and others ......Petitioners
Versus
State of Punjab and others ......Respondents
Present: Mr. Sudhir Sharma, Advocate
for the petitioners.
Mr. Ranbir Singh Pathania, DAG, Punjab.
Mr. Divay Sarup, Advocate
for respondent No.4.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J. (ORAL)
1. All the petitioners were aspirants for entry into Post Graduate medical courses, having completed their MBBS Courses from recognized Universities. The admission procedure contemplated an entrance test and the marks assigned were percentage in aggregate of the marks secured in MBBS as well as marks secured in the entrance test.
2. In the manner of admission, out of total number of seats 50% was for All India Quota and the next 50% was to be split in the ratio of 60% for in-service candidates and 40% for non-service candidates. Out of the said 60% of in-service candidates, again there was a reservation of 42% for various reserved classes including SC and BC and 58% for the PANKAJ KUMAR 2014.09.09 12:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.6123 of 2014 -2- non-reserved candidates. Similarly of the non-in service candidates, the same percentage for the reserved and non-reserved categories were provided for. The conditions further stipulated a minimum benchmark for the SC/BC candidates and general candidates. If there were not enough candidates who qualified the above benchmark from amongst the in-service candidates in reserved category, the entire vacancy will be shifted to the non-reserved category in the in-service quota and if even then there were not adequate number of persons who were qualified, the said vacancies will be transferred to the open general in the non-service category. The petitioners are aggrieved that in the manner of transfer of seats which are not filled up from amongst the candidates of the reserved category in the in-service quota, it should be transferred only to the reserved category in the non-service 40% and it could not be transferred to the general category. All the persons are petitioners who belonged to the reserved category from amongst the non-service candidates. Their grievance is that they have all secured more than the minimum benchmark set for SC candidates and if the unfilled seats of SC candidates in the in-service quota had not been filled up and offered to them, they would have been found eligible and fitted into the vacancies that arose. They would refer to the policy which had originally provided for the transfer of vacancies in the reserved category for in-service quota only to the vacancies in the reserved category in the non-service 40% quota. The contention is change of allowing for the transfer to the general category in the 40% non-service quota would mean upsetting the balance and filling up vacancies originally created for the reserved category. PANKAJ KUMAR 2014.09.09 12:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.6123 of 2014 -3-
3. The respondents would counter the contentions raised by the petitioners to state that the seats in the Post-graduate courses operate in various courses and the admission is on the basis of hundred point roster and it is ensured that the representation which is required to be given to the reserved category is not breached and the slots meant for general category and the reserved category are clearly identified and the transfer of vacant seats to the 40% non-service category would be filled up in such a way that the roster points are not breached.
4. The system of administration of identifying a roster and filling up the seats in the manner of the pre-conceived slots for the various categories is devised only to ensure that adequate representation of various classes of persons are made and the seats which are kept for reserved category are not surrendered to the open general to the disadvantage of the reserved classes. I had at the previous hearing, after listening to the arguments at some length had asked for better affidavit from the State to explain as to why there had been a change of policy that allowed for a transfer of reserved category of seats out of the 60% in-service quota to be transferred to the general category in the 40% non-service quota. The additional affidavit has been filed through Dr. Tejbir Singh, Director, Research & Medical Education, Punjab, Chandigarh and he is present in Court. It is stated in the affidavit that in terms of the decision in Lipika Gupta's case, the admission process to the Post Graduate Courses were over and an appropriate decision would be taken before issuing notification in the next year onwards after consulting the concerned department namely the Department of Welfare of SCs and BCs. This does not answer the PANKAJ KUMAR 2014.09.09 12:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.6123 of 2014 -4- specific query raised to the State for which an additional affidavit was called explaining the features of the admission as regards the vacant seats that fall within the reserved category in the in-service quota. As a matter of fact even before the admissions got underway, the writ petition was filed on 31.03.2014 and the Court, while ordering notice and directing notice to be taken by the Assistant Advocate General on behalf of the State, observed that the seats filled up by the State which affect the rights of the petitioners shall be subject to the outcome of the writ petition. This direction has stood on till date and even when the seats were subsequently filled up by the respondent, it appears that the candidates who were admitted have been informed that their admissions have been subject to the outcome of the writ petition. Although the candidates who were admitted subsequent to the institution of the case are not before Court, I take that they were sufficiently apprised that their admissions are provisional to the extent that it would be subject to the outcome of this writ petition.
5. I have not been shown through any discernible policy that can justify a transfer of unfilled seats in the in-service category for 42% of the reserved category to be transferred to the general category in the 40% non-service category instead of offering them to the SC candidates in the 40% no-service category. This surely cuts into the pre-determined roster of reservations and to that extent it is arbitrary. There was surely an occasion for the respondents to give an explanation as to how the roster has worked itself and how even in spite of a transfer of the unfilled seats in the reserved category to the general category there have been the requisite number of seats filled for reserved candidates. PANKAJ KUMAR 2014.09.09 12:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.6123 of 2014 -5- If such data is not provided and if the respondents would not also utilize the opportunity to meet with specific queries directed to them by an attempt to explain through an additional affidavit, I would take that the respondents are surely in breach and they have much to hide and therefore, not disclosed.
6. The change in the policy which is challenged in the writ petition that de-reserves seats which are meant for reserved candidates is taken to be bad in law and arbitrary and the relevant portions in the prospectus namely clause 27 is quashed that reads as under:-
"27. Conversion of seats under All Inida/60%/40% quota unfilled seats:
All India Quota - The vacant seats transferred from All India quota, will be transferred to General Category candidates of 40% state quota.
After exhausting all the eligible reserve category candidates in 60% quota, the vacant seats will be transferred to General Category candidates of 60% quota. In case of non- availability of candidates in 60% quota the vacant seats (s) will be offered to the eligible general category candidates in 40% quota.
After exhausting all reserve category candidates in 40% quota vacant seats will be transferred to General Category candidates of 40% quota."
It should be on the other hand that unfilled seats in the All India Quota meant for SC candidates and in the 60% in service quota is liable to transferred only for the benefit of the reserved category of the 40% non- service quota. In the manner of working this principle, the respondents are entitled to work on the 100 point roster in the manner provided in Clause 25 Note 1 which reads as under:-
"Note 1. The availability of seats for reservation shall be as per hundred point roster being maintained category wife/subject wise/instruction wise."PANKAJ KUMAR 2014.09.09 12:44 I attest to the accuracy and integrity of this document Chandigarh CWP No.6123 of 2014 -6-
7. The selected candidates on the admission criterion quashed by this order and who, on the norm as hereinbefore approved will lose their admission be duly informed about the effect of the order and new admission list prepared in so far as the petitioner's claim is concerned shall be published before 30.09.2014. The writ petition is allowed to the above extent.
(K. KANNAN) JUDGE September 04, 2014 Pankaj* PANKAJ KUMAR 2014.09.09 12:44 I attest to the accuracy and integrity of this document Chandigarh