Sub : Representation filed by Association of Christian Medical College Society, Ludhiana.

JUDGEMENT

This judgement disposed of the following Applications filed by Christian Medical College Ludhiana Society (Registered) through Sh. J.L.Joshi, Acting Director, Christian Medical College Ludhiana through its Principal Dr. Mohan Verghese, Christian Dental College Ludhiana through Dr. J.L. Joshi Principal and Christian Medical College of Nursing, Ludhiana through Dr. J.L. Joshi Acting Director ( for short, here in after referred as the Applications) for seeking the following reliefs :

i) Direct the State Government to issue the Notification fixing the Management Quota Seats/ Minority Quota seats for Christians.

ii) For permission to hold their Entrance Test for Admission to the Management Quota Seats.

iii) For permission to fill in the Minority Quota Seats without counting for the NRI Seats in the Management quota.

iv) Applicant No. 2 be permitted to fill in 38 seats in the Under Graduate MBBS Course.

v) Applicant No. 2 and 3 be permitted to fill up the Minority Seats in terms of the prospectus without counting the NRI Seats in the Management Quota.

The relief sought at Sr. No. (i) has been rendered infructuous in view of the Notification No. 5/19/04-5 HB III/3068 dated 17.6.04 issued by Government of Punjab, Department of Medical Health and Research. The relief sought for at Sr. No. (iii), (iv) and (v) can not be granted at this state as the matter requires to be adjudicated upon after recording evidence. Furthermore Challenge to the norms fixed by the State Government with regard to seat sharing can not be allowed without giving an opportunity of hearing to the State Government. At the time of hearing, objections were also raised to the Fee Structure tentatively fixed by the State Government under the Notification. This matter falls within the preview of Fee Fixation Committee and that Committee will deal with it as and when proper representation is made to the same.

Now to deal with the prayer for permission to hold their Pre Entrance Test for admission to Under Graduate MBBS, BDS and B.Sc Nursing Courses.

Indisputably the School for Nursing was upgraded to College of Nursing the year 1973. The Ist Batch of Nursing students graduated in August 1977. The Christian Medical College Ludhiana is run by the Christian Medical College Ludhiana Society. The College is stated to have been established in 1895. The Christian Dental College came up in 1992 as on offshoot of The Christian Medical College, Ludhiana. The M.D. Courses were started in the year 2000.

The Applicants claim that, apart, from applicant No. 3, other applicants No. 2,4 were established for the last more than 25 years and have been following their own admission procedure. They further say that applicant No. 3 is an offshoot of The Christian Medical College Ludhiana which has been holding its own entrance test for the last over 25 years. Since the Christian Medical College Ludhiana is a parent institution having established its position and experience over a long period of time, its practice of holding an entrance test has acquired respectability. The Dental College, although, opened in the year 1992, is controlled, supervised and administered by the parent institution i.e. The Christian Medical College Ludhiana. These assertions have not been controverted. These find some support from the following statement in Punjab Government Notification dated 17.6.2004.

"(f) The Christian Medical College (CMC) Ludhiana is the only college in the State conducting its own Admission Test for more than 25 years. The College has so far not produced permission from the Admission Committee headed by Mr. Justice G.R. Majithia (Retd.) for conducting its own test. The minority quota in the college therefore shall also be filled up on the basis of merit in PMET conducted by the University. The government quota will of course be filled up from the PMET as explained above."

Prime facie the Applicant No. 2 fulfills the conditions for permission to hold the entrance test as envisaged in the Supreme Court Judgement "Islamic Academy of Education Vs. State of Karnataka, 2003 (6) SCC 697. In that judgement, the Apex Court observed thus :

" It is left open to the Institutions which has been established and have had their Admission procedure for atleast,. the last 25 years, to apply to the Committee to be set up for such purpose."

For the last many decades, the Students of this Institution were allowed to appear in the Under Graduate. Post Graduate Medical examinations conducted by the Panjab University, Chandigarh and thereafter by Baba Farid University of Health and Sciences, Faridkot which was established in the year 1998. During this period, no objection was ever taken by the Universities with regard to the entrance test or the Admission procedure adopted by the applicants. The applicants have had had history of litigation between them, Punjab State and Panjab University. Since the matter is urgent, we can not dispose of the applications without giving opportunity of hearing to the Punjab State, Panjab University and Baba Farid University. The applicant has made out a prima facie case which necessitate the issuance of interim directions.

For the reasons stated above, I allow the Applicants to hold the Entrance test for admission to the Under Graduate M.B.B.S., B.D.S., B.Sc. Nursing Course to the 50% of Management Quota Seats as allowed in Govt. Notification referred to supra for the academic year 2004-05 only.

The Christian Medical College is now 25 years old. The Christian Dental College has not been established for the last 25 years. It does not fall in the category of the Christian Medical College. But it is forming an integral part of latter and put it as stated in the application, it is offshoot of the latter. In vies of the peculiar situation, I have no option but to permit the applicants 2, 3 & 4 to hold Entrance Test for Admission to Under Graduate MBBS, BDS, B.Sc. Nursing courses. I reiterate that the permission granted under this order will only ensure for Academic Session 2004-05. I further direct that the notice of this application be issued to the State of Punjab through its Chief Secretary, Panjab University through its Registrar and Baba Farid University through its Registrar. Normally the State of Punjab is sued through the respective Secretary of the Department, but since Secretary Medical Education and Research is a Member Secretary of this Committee, We have to issue notice to the Chief Secretary. We accordingly advise the Member Secretary to issue a letter of request to the Chief Secretary to take steps as are necessary for the representation of State of Punjab. Since the question involved in the application is of considerable importance, I think it appropriate to be assisted by Advocates having a special knowledge in this filed. I accordingly nominate Mr. Anupam Gupta, Advocate, R/o H.O. 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 Jodhe 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 in consultation with all the concerned.

Sd/-
1.7.2004 Justice G.R. Majithia
Chairman
Committee for Admissions