Punjab-Haryana High Court
Jyoti & Anr vs Baba Farid University Of Health ... on 1 October, 2014
Bench: Surya Kant, Shekher Dhawan
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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LPA No.1651 of 2014 (O&M)
Date of Decision: 01.10.2014
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Jyoti & Anr. . . . . Appellants
VS.
Baba Farid University of
Health Sciences & Ors. . . . . Respondents
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CORAM: HON'BLE MR.JUSTICE SURYA KANT
HON'BLE MR.JUSTICE DR. SHEKHER DHAWAN
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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?
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Present: Mr. Amrik Singh, Advocate for the appellants
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SURYA KANT, J. (Oral)
(1) The appellants impugn the order dated 23.09.2014 whereby learned Single Judge has dismissed their writ petition wherein direction to the Central Government/MCI was sought to relax the eligibility condition for admission to MBBS for the Scheduled Caste candidates from 40% to 35%.
(2) Learned Single Judge has dismissed the writ petition observing that no mandamus can be issued to relax the eligibility conditions.
(3) We respectfully concur with the view taken by learned Single Judge. A mandamus can be issued only for enforcement of a legal right which the appellant has unfortunately not acquired. She admittedly does not possess the minimum qualifying marks prescribed for admission to MBBS. Therefore, no direction can be V.VISHAL 2014.11.19 11:12 I attest to the accuracy and authenticity of this document LPA No.1651 of 2014 -2- issued to the authorities to take a decision regarding relaxation in qualification. Moreover, relaxation in the minimum eligibility condition is likely to have all-India ramifications. The matter thus has to be left to the discretion of the competent authority for taking a holistic view.
(4) Dismissed.
(Surya Kant)
Judge
01.10.2014
01.10.2014 (Dr. Shekher Dhawan)
Dhawan)
vishal shonkar
Judge
V.VISHAL
2014.11.19 11:12
I attest to the accuracy and
authenticity of this document