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2 of 129 CWP-12963-2016 (O&M) & other connected cases -3- Apex Court, the respondent-University, in its notice dated 30.04.2016 (Annexure P3) had taken a decision that the admission would be on the basis of the National Eligibility Entrance Test (NEET), 2016 and the fee deposited for PMET, 2016 was to be refunded.

4. In view of the Government of India promulgating the Ordinance and keeping in abeyance the NEET, 2016, the University decided to hold the PMET, 2016, vide notice (Annexure P4) and accordingly, re-scheduled the online examination for 11.06.2016, as per the notice (Annexure P4/A). The said examination was conducted in two shifts, in morning and evening, at various centres, online. The answer keys were uploaded on the website, as per the judgment of this Court in the case of PMET-2015. Out of the total 400 questions, 598 objections were received by the University, as per the notice (Annexure P6), and resort to the percentile method had jeopardised the career of the candidates and upset the merit between the candidates inter se of Paper Set-1 (morning) and paper Set-2(evening) . The equality between the candidates in two set of papers and the disparity between the two set of questions and the marks awarded for the number of wrong questions was, accordingly, questioned. The merit on the basis of percentile was alleged to be violating Clause 8 of the notification and Clause 7 of the notification, mentioned in the prospectus. The University had no authority to violate the terms of the prospectus and discriminate between the two classes. The formula for score normalization in the form of percentile, as adopted by the All India Institute of Medical Sciences (AIIMS) and the Jawaharlal Institute for Post-Graduate Medical Education & Research, Pondicherry (JIPMER) had been adopted for For Subsequent orders see CWP-13239-2016, CWP-13308-2016, CWP-13624-2016 and 2 more.

8 of 129 CWP-12963-2016 (O&M) & other connected cases -9- University. The allegation in the writ petition that 110 out of the 400 questions were wrong, stood falsified, in view of the detailed reports of the Expert Committees read with the University's decision, in terms of which the result had been prepared.

11. On merits, the defence was that reckless allegations had been made in the writ petition, impeaching the conduct, evaluation and declaration of the result. The cancellation of the PMET-2016, which was to be held on 15.05.2016, was on account of the order passed by the Apex Court in Writ Petition (C) No.261 of 2016 titled Sankalp Charitable Trust & another Vs. Union of India & others, on 28.04.2016. The University, vide notice dated 30.04.2106 (Annexure R-18) had informed the candidates that it would not hold the test, in view of the directions of the Apex Court and the admissions would be made on the basis of the NEET- 2016. The portal had been closed, accordingly. In view of the decision of the Union Cabinet to issue the Ordinance and the ensuing uncertainty regarding the conduct of the NEET-2016, the Punjab Government decided to go ahead with the process of holding PMET-2016. The portal had been reopened on 20.05.2016 at 6.30 pm and the last date for receiving online application was fixed as 25.05.2016. The earlier last date was 03.05.2016 when the portal had been closed down on 30.04.2016. A decision had also been taken to conduct the PMET, 2016 in 54 centres in Punjab, Haryana and Jammu and circular dated 03.06.2016 had been uploaded on the University website (Annexure R-19). The same was published in the leading newspapers on 03.06.2016 (Annexure R-20 Colly.). Keeping in view the instructions issued by the Chief Minister and the administrative For Subsequent orders see CWP-13239-2016, CWP-13308-2016, CWP-13624-2016 and 2 more.

31. It was, accordingly, submitted by referring to Clauses 9 & 10 of the notification, both PMET-2016 and NEET-2016 were intertwined and interlinked inextricably and admissions had to be made to Government quota seats and management quota seats on the basis of inter se merit, For Subsequent orders see CWP-13239-2016, CWP-13308-2016, CWP-13624-2016 and 2 more.

23 of 129 CWP-12963-2016 (O&M) & other connected cases -24- which would be the sole criteria for admission. Similarly, reference is also made to proviso of Clause 16 to submit that in the case of inadequate number of candidates for the BDS course for Government quota, the remaining seats were to be filled on the basis of the NEET-2016 from amongst Punjab residents. In absence of seats still remaining vacant, then candidates from other States were to be considered on the basis of NEET- 2016. It was, thus, argued that both the entrance exams were inseparable and were joint such as siamese-twins and the shadow of NEET-2016 was falling on PMET-2016. The former was following the system of percentile for admission which was to be calculated for inter se merit.

APPENDIX - F TIME SCHEDULE FOR COMPLETION OF THE ADMISSION PROCESS FOR FIRST MBBS COURSE (Academic Session 2016-17) Schedule for Admission Seats filled up Seats filled up by the All India Quota State Govt./Institutions Conduct of National NEET 1 NEET 1 Conduct on Eligibility Entrance Test Conduct on 1st 1st May 2016 NEET (NEET 2016) May 2016 2 on 24th July 2016 NEET 2 on 24th July 2016 Declaration of Result of 17th August, 17th August, 2016 Qualifying Examination / 2016 Entrance Examination 1st Round of 22nd August 3rd September to 5th Counseling/Admission to 27th September, 2016 August, 2016 Last date for joining the 3rd September, By 8th September, allotted college and course 2016 2016 2nd Round of 9th to 14th 21st September to Counseling/Admission September, 23rd September, 2016 Last date for joining for the By 20th By 26th September, candidates allotted seats in September, 2016 2nd Round of Counseling 2016 Commencement of 3rd 3rd September, 2016 academic session September, Last date up to which Not applicable 30th September, students can be admitted 2016 against vacancies arising due to any reason For Subsequent orders see CWP-13239-2016, CWP-13308-2016, CWP-13624-2016 and 2 more.