Jatinder Mehta vs State of Punjab and others

Annexure P-2 is brochure issued by the State of Punjab inviting applications for admission to Post-graduate Degree/ Diploma Courses at the Punjab State Medical College, Amritsar/ Patiala (for short ''the Courses'') for the Session 1990. Therein it is provided that all PCMS-II doctors who have served the State for a minimum period of three years rural regular service will be eligible for admission to the Courses and the quota for such doctors will be 60 percent after deducting 25 per cent, of the total seats meant for the candidates to be taken through a Competitive Entrance Examination on all-India basis. The brochure in the end further provides, "in 60 per cent, quota after adjusting Registrars/ Demonstrators, remaining vacant seats will be pooled and seats falling at serial Nos. 1, 5, 9 and so on, will be reserved for the candidates belonging to the Scheduled Castes, serial Nos. 15, 35 and 55 and so on, will be reserved for the Backward Class candidates and those at serial Nos. 39, 87 and so on, will be reserved for the riot-affected/ terrorists-affected displaced persons. Similarly, in 40 percent, quota, same points will be reserved for these categories".

A reading of the aforesaid quotation shows that the posts available at serial Nos. 15, 35 and 55 are to be given to the Backward Class candidates. The petitioner belongs to the Backward Classes; he is a PCMS-II doctor and has served for more than three years'' rural/regular service. He sought admission to the Courses aforesaid. The petitioner had to approach this Court because he was denied the admission under the reserved category contained in the brochure issued by the State Government.

Dr. Ajmer Singh, Principal, Government Medical College, Patiala has filed written statement on his own behalf and on behalf of the remaining two respondents. Therein, the stand taken by the respondents is that (see paras 10, 16 and 19(i) of the written statement) only those candidates can take benefit of reservation policy whose family income is not more than Rs. 6,000/- per annum and in support of this assertion, reliance has been placed on a letter from the Secretary to Government, Punjab, Social Welfare Department dated 26th November, 1974, a copy thereof appended to the written statement as Annexure R-l.

We have considered the stand taken in the written statement and find that the same is totally perverse and no reasonable man on the earth, in view of the brochure (Annexure P-2) would have come to such a conclusion. The brochure Annexure P-2 has been issued for admission to Post-graduate Courses for 1990 and it clearly shows that a person who is in the Punjab Civil Medical Service-11 can go the Courses and for such people some reservation has been made and amongst the reserved category candidates, again some reservation has been made for the Scheduled Castes and Backward Classes etc. Not only that, the points at which the Scheduled Castes and the Backward Class persons are to be taken have also been indicated in the brochure Annexure P-2.

If such a seat has to go to a person who is already in Punjab Civil Medical Service-11, it is well known to all as well as the State Government authorities making the brochure that the monthly income of a PCMS-II doctor is not less than Rs. 3,000/-. Therefore, to apply the decision of the Government in Annexure R-1 to such doctors would be per se perverse. Moreover, a reading of Annexure R-l shows that these instructions are meant for admission to Colleges, that is, at the time of seeking fresh admission to Medical Colleges at the very initial stages, that is, M.B.B.S. Courses and not Post-graduate Courses.

For the reasons recorded above, we allow this petition and direct the respondents to fill up the seats falling to the share of the Backward Classes mentioned at serial Nos. 15, 35, 55 and so on and if the petitioner is entitled to admission to the Courses, he shall be given admission without any delay.

We impose exemplary cost of Rupees 2,000/- on the respondents; Rs. 1,000/- payable to the petitioner and remaining Rupees 1,000/- to be paid to the Registrar (Judicial) of this Court to be kept in the fund ''Legal Aid to the Poor''.

This time we are not imposing cost personally on the Principal but do indicate that in future he should be careful in signing such like written statements to avoid being liable to pay costs.

Petition allowed.