COMMITTEE FOR OVERSEEING THE ENTRANCE TEST CONDUCTED BY ASSOCIATION OF PRIVATE PROFESSIONAL COLLEGES, AT CHANDIGARH

Subject : Representation filed by Association of Unaided Sikh Minority Medical and Dental Institutes.

JUDGMENT

The representation, allegedly filed by the Association of Unaided Sikh Minority Medical and Dental Institutions ( Punjab) dated June 10, 2004 was examined in the meeting of the Admission Committee, held on June 15, 2004. In the representation, it was primarily urged that the Association be allowed to conduct Entrance Test for filling the Management Quota Seats. The Committee after examining the matter in the light of Islamic Academy of Education Vs. State of Karnatka, 2003 (6) SCC 697, rejected the same by order dated June, 15, 2004. Dr. R.P. Bhamba, who is otherwise a member of the Fee Admission Committee was specially invited for that meeting. The State Government had issued Notification dated June, 17, 2004 for conduct of PMET 2004 for admission to MBBS/ BDS/ BAMS/ BHMS courses in Govt. and Private Medical Institutions in the State of Punjab. It is to be conducted by the Baba Farid University of Health and Sciences Faridkot on August 1, 2004.

The Association has filed second representation, interalia, stating that the Admission Committee dismissed their representation without affording them an opportunity of hearing and that the State Government issued the Notification without affording them an opportunity to represent their cause, although similarly situated institutions were given hearing. The Member Secretary brought this representation to the notice of the Chairman who directed that the 2nd representation be placed before the committee. It is in these circumstances that the Admission Committee meeting was convened for June 28, 2004. The Association was duly informed. The arguments on behalf of the Association were addressed by Bibi Jagir Kaur, Mr. M.S. Grewal, former Minister and the Director/ Principal of the Medical Colleges, on behalf of the Association. It was submitted thus :-

i) The Association be allowed to hold its own Entrance test.

ii) The NRI quota having been revived , should not be counted in the Management Quota Seats.

iii) The Ratio of seats sharing between the Government and the Management of the Minority Institutions 50: 50 is unjust. The State Government has adopted a common pattern of seat sharing with the Aided, unaided private institutions and Self Financed Minority Institutions. The Minority institutions have absolute right to fill in the total seats allocated for the institution.

iv) The term “Sikh” has not been defined in the notification. Who and how will it be determined to fill in the Sikh Minority seats, as a corollary to this, it calls for examination as to how the Status of Minority institutions was accorded by the State?

v) The Fee structure fixed in the notification is arbitrary.

We propose to deal with the Ist question as to whether the Association can be allowed to hold their own entrance test.

It is interalia urged at the hearing that Shri Guru Ram Dass Institute of Medical Science and Research, Amritsar and Shri Guru Ram Dass Institute of Dental Sciences and Research, Amritsar were declared as Minority Institutions. There is no other institution other than these institutions who are minority institutions. The other minority institutions claim their right to conduct their own test on the ground that they have been established and have had their own admission procedure for the last 25 years. The Institutions which have formed Association do not fall in the category of the Institutions which had been established and have had their own admission procedure for the last 25 years. The Association’s case is that it is a class apart, and the other Medical Institutions within the State of Punjab are not Minority Institutions of the particular type to which the Association belongs. The other category of Medical Institutions are not comparable with the institutions forming the Association. The submission finds support from the list of Medical institutions in the State of Punjab. There are two type of minority institutions in the present context. Christian Medical College Ludhiana and under its auspicion Christian Dental and Nursing College, Ludhiana. The instant Association also runs its own Medical and Dental Colleges and they are an Institution of a particular type which is distinct and apart from others in the minority category. This submission has to be examined in the light of the Ratio of the judgement “ Islamic Academy of Education Vs. State of Karnatka, 2003 (6) SCC 697. The Apex Court permits the Only an Association of a particular type in the State to hold a Common Entrance Test for filling their Management Quota seats. This question was answered by the Apex Court thus :

“ The question then is how the management of both minority and non-minority professional colleges can admit students in the quota allotted to them. To avoid or control profiteering and / or charging of capitation fees, the majority judgment provides that in professional colleges admission must be on the basis of merit. But students would have to and do undergo great hardship and incur huge cost in appearing for individual tests of various colleges. So what is necessary is a practical approach keeping in mind the need for a merit based selection. The words “ common entrance test “ used in para 68 of T.M.A. Pai case clearly indicate that each institute cannot hold a separate test. It is therefore, held that the management could select students of their quota, either on the basis of common entrance test conducted by the State or on the basis of common entrance test to be conducted by an association of all colleges of a particular type in that State e.g. medical, engineering or technical etc. ( Emphasis Supplied ) . The Common Entrance Test, held by the association must be for admission to all colleges of that type in the State. The option of choosing, between either of these tests, must be exercised before issuing of prospectus and after intimation to the authority concerned and the Committee set up hereinafter. If any professional college chooses not be admit from the common entrance test conducted by the association, then that college must necessarily admit from the common entrance test conducted by the State. After holding the Common entrance test and declaration of results, the merit list will immediately be placed on the notice board of all the colleges, which have chosen to admit as per this test. A copy of the merit list will also be forthwith sent to the authority concerned and the committee. Selection of students must then be strictly on the basis of merit as per that merit list. Of course, minority colleges will be entitled to fill up their quota with their own students on the basis of interse merit amongst those students. The list of students admitted, alongwith the rank number obtained by the student, the fee collected and all such particulars and details as may be required by the concerned authority or the Committee must be submitted to them forthwith. The question paper and the answer papers must be preserved for such period as the concerned authority or Committee may indicate. If it is found that any student has been admitted dehors merit, penalty can be imposed on that institute and in appropriate cases recognition affiliation may also be withdrawn.“

What is relevant in the present context is the observation supra ; that the Management could select the students of their quota, either on the basis of common entrance test conducted by the State or on the basis of Common Entrance Test conducted by the State or on the basis of common entrance test to be conducted by an Association of all colleges of a particular type in that State e.g. Medical, Engineering or Technical etc. The Apex Court has further stressed that the Common Entrance Test held by the Association must be for admission to all colleges of that type in the State. It is reiterated that apart from CMC Ludhiana, it is the present Association which is running a Medical and a Dental College in the Minority Institution category.

Furthermore the term “ Particular type” has to be ascertained to comprehend its full meaning. The New Webster’s Dictionary, Copy Right Edition 1981 defines the word “ Particular as ………………………. Belonging or pertaining to some group, Class, occasion, or other category rather than to others or all ; special nor general ; distinguished and different from other, or from the ordinary ; noteworthy marked ; exceptional or special ; not general ; not referring to the whole extent of a class, but only to some individual or individuals in it, pertaining Tom portion of something, separate ; individual or specific, a certain group or individual within a general category. “

In the light of above comprehensive definition of the word “ Particular “ I deem it appropriate to hold that the present Association runs a Medical and Dental College of a Particular type in the Minority Category which is distinct and separate from the other institutions. Hence I consider it appropriate to permit the Medical and Dental College run by the Association to hold its own Common Entrance Test for the Academic Year 2004-05 only. This is interim arrangement to safeguard the interest of all concerned. Since the present Association has been conducting the Entrance Test for admission to its 2 institutions in recent times only, it is important that the conduct of examination to its Medical and Dental Colleges is held under the guidelines and administrative directions given from time to time by the Committee according to requirements of transparent, fair, objective and merit based entrance examination.

The other question can only be answered after giving an opportunity of hearing to the State and recording evidence. I accordingly, direct that notice be issued to the State of Punjab through its Chief Secretary. Normally the State is sued through the respective Secretary of the Department, but since Secretary Medical Education and Research is a Member Secretary of this Committee, I have to issue notice to the Chief Secretary. I accordingly advise the member Secretary to issue a letter of request to the Chief Secretary to make arrangements for representing the State in these proceedings on priority basis. Since important question of great magnitude having wide remifications arise in this case, I think it appropriate to be assisted by Advocates having a special knowledge in this field. I accordingly nominate Mr. Anupam Gupta, Advocate, R/O H. No. 68, Sector 8, Chandigarh, Ph. No. 2781493, Dr. B.M. Singh, Advocate, R/o H. No. 651, Sector 40 A, Chandigarh, Phone No. 2693651 and Sh. K. C. Mahajan, Advocate, R/o Jodha Mal Road, Civil Lines, Hoshiarpur, Phone Nos. 01882-221290, 01882-221690 as Amicus Curie to assist this committee objectively. The next date of hearing of the case will be fixed after consulting the parties.

Arguments were concluded on June 28, 2004. The Admission Committee meeting has been convened for today. Member Secretary, please circulate the judgement to the members.

Justice G.R. Majithia,
30.6.2004 Chairman
Committee for Admissions