Judgement dated 21/7/2004 CMC Ludhiana
CHAIRMAN, COMMITTEEE FOR OVERSEEING THE ENTRANCE TEST CONDUCTED BY PRIVATE MEDICAL PROFESSIONAL COLLEGES, AT CHANDIGARH.
Sub : Representation filed by Association of Christian Medical College Society, Ludhiana.
JUDGEMENT
This judgement and order will be received in continuation of our order dated July 1, 2004. By that order we had permitted them to hold Entrance Test for filing the minority quota seats. The other prayers were not acceded to as we felt that the basis for the prayer required deeper scrutiny and also recording of evidence.
On July 10, 2004 another application was moved seeking the following relief ; - “ Petitioner be permitted to make admission to 38 seats from the minority community on the basis of same procedure they were following in the earlier years and after computing the merits separately for each sponsoring Agency.”
This prayer has to be examined in the light of the Constitution, Memorandum of Association and Rules and Regulations of the Society. Sub Clause (iii) (v) of Clause I says that Christian Medical College, Ludhiana is an Educational and Research Institution of an All India Character established and run by the Minority Christian Community. Its primary aim to educate and train Christian men and women as health professionals, in the spirit of Jesus Christ for Healing Ministry of Church in India. To achieve this object a paragraph has been inserted at Page 7 of CMC M.B.B.S.- 2004 Entrance Test Guidelines. The paragraph reads thus :-
“ Christian Applicants
All Christian Applicants must provide Photostat copies of
(a). Baptism Certificate
(b). Confirmation Certificate (if applicable)
(c). Letter from the Pastor regarding Church Membership with dates.
(d). Sponsorship Letter from Sponsoring Agency/ Body (if applicable Annexure II).
The original
certificate must be available at the time of checking of original
certificate.
Similar
provision has been inserted in the Christian Dental College, BDS-
2004 Entrance Test Guidelines. The precise argument of Mr. Paramjit
Patwalia is that the Apex Court in Islamic
Academic of Educations case has specifically observed that the
Institutions who had their own admission procedure for admitting students
of their own community can be allowed to adopt the same provided no finger
has been raised against the procedure.
It
will be useful to reproduce Para 17 of the said judgement: -
“17. At this juncture it is brought to our notice that several institutions, have since long, had their own admission procedure and that even though they have been admitting only students of their own community no finger has ever been raised against them and no complaints have been made regarding fairness or transparency of the admission procedure adopted by them. These institutions submit that they have special features and they stand on a different footing from other minority non-aided professional institutions. It is submitted that their cases are not based only on the right flowing from Article 30 (1) but in addition they have some special features which require that they be permitted to admit in the manner they have been doing all these years. A reference is made to few such institutions i.e. Christian Medical College, Vellore, St. John’s Hospital, Islamic Academic Education etc. The claim of these institutions was disputed however, we do not think it necessary to go into those questions. We leave it open to the institutions which have been established and who have had their own admission procedure for, at least, the last 25 years to apply to the Committee set out hereinafter.”
The first three lines of the paragraphs has not to be read out of the context in which these were made. The admission procedure, allegedly adopted by the applicants has so far not stood the test of judicial scrutiny or even of quasi-judicious authority. During the hearing it was pointed out that the college has been making admission by following the alleged procedure under their interim order passed by the High Court or the Apex Court. The writ petitions in which these interim orders were obtained were not finally decided. The Apex Court and the High Court did not examine the background, legality or the validity of the alleged admission procedure.
If we accept the contention of Mr. Patwalia we have to permit more than 27 merit lists for filling the minority quota seats. The candidature of the candidates applying for Entrance Test has to be sponsored by the Sponsoring Agency/ Body. Indisputably there are large number of Sponsoring Authorities. The inter-se merits of the candidates sponsored by the Sponsoring Agency has to be determined. It has not been brought to our notice that this scheme of things has ever been approved by a Judicial Authority. We are unable to accede to their request at this stage.
The State Government has fixed 50% as minority/ management quota seats. In the absence of any material brought on record we are not in a position to conclude that the minority quota allowed by the State Government is inadequate. We are also not impressed by the submission that the applicant be allowed to fill in the Govt. quota seats through the Entrance Text to be conducted by them. The Govt. has decided that the Govt. quota seats will be filled through PMET. We are unable to persuade ourselves that the decision of the State Govt. is not correct.
We make it clear that the applicant will fill the minority quota seats as has been allowed in our order dated July 1, 2004. The application is disposed of in the above terms.
Dated : July 21, 2004. (Justice G.R. Majithia ) Retd.
Chairman,
Committee for Overseeing the Entrance Test Conducted by the Association of Private Professional Colleges, at Chandigarh.
Mr. Satish Chandra Dr. K.N. Pathak,
Member Secretary Member
Dr. J.S. Gujral Dr. S.K. Sharma,
Member Member
