Punjab-Haryana High Court
Vasu Sirohi vs State Of Punjab And Others on 20 September, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:124734-DB
CWP-29483-2022 (O&M) -1-
CWP-29374-2022 (O&M)
203 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on : 10.09.2024
Pronounced on : 20.09.2024
1. CWP-29483-2022 (O&M)
Vasu Sirohi ...Petitioner
Vs.
State of Punjab and others ...Respondents
2. CWP-29374-2022 (O&M)
Himanshu Verma and others ...Petitioners
Vs.
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present : Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Animesh Sharma, Advocate
for the petitioners. (In CWP-29483 of 2022)
Ms. Sanchi Bindra, Advocate for
Mr. Amar Vivek Aggarwal, Advocate
for the petitioners. (In CWP-29374-2022)
Mr. Saurav Khurana, Addl. A.G. Punjab.
Mr. Gautam Pathania, Advocate
for respondent No.3.
Mr. Arun Gosain, Advocate
for respondent No. 4.
Mr. Shailesh Aggarwal, Advocate
for respondent No.7.
Mr. Ravi Sharma, Senior Standing Counsel, NMC
for respondent No.8.
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ANIL KSHETARPAL, J.
1. Factual Compass:-
1.1 With the consent of learned counsel representing the parties, two
connected petitions i.e. CWP-29483-2022 and CWP-29374-2022, shall stand
disposed of by this common order.
1.2 The facts are being noticed from CWP-29483-2022. This Court is
called upon to answer the following question:-
"Whether the administrative decision/instructions to
retroactively disqualify candidates from admission under State
quota sustainable?"
1.3 As many as five aspirants seeking admission to MBBS Course
under 'Punjab State Quota' have filed these two writ petitions. The primary
challenge is to para 11 and 18 (b) of notification dated 22.08.2022, vide which
it has been stipulated that only students who gave their address reflecting
residence of Punjab in the NEET form shall be considered for admission in
Punjab State Quota. The petitioner has also challenged the correctness of order
dated 15.12.2022 passed by the Secretary to Government of Punjab,
Department of Medical Education and Research, pursuant to direction of the
High Court in a batch of 10 writ petitions.
1.4 The admissions to MBBS and BDS Courses is made through
NEET (UG) examination, which is held by National Testing Agency every year.
15% seats fall in the All India Quota, whereas, remaining 85% seats fall in State
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quota. After declaration of result of NEET (UG), the States are at liberty to fill
the 85% State quota seats. As per Clause 19 of the Information brochure
published by NEET in March/April, 2022, the information with respect to
postal or permanent address/State does not indicate their domicile, which is
extracted as under:-
"19. The information about the State of the respective
candidate is only for the purpose of information and it does
not mean that the candidate belongs to the domicile of that
particular state as it needs to be reaffirmed from the DME of
the respective states."
xxx xxx xxx
"Note: The information about the State field of the
respective candidate is only for the purpose of information
and it does not mean that the candidate belongs to the
domicile of that particular state as it needs to be reaffirmed
from the DME of the respective states."
1.5 The State of Punjab's guidelines issued on 06.06.1996 for
determining the residence/domicile of candidates, were applicable in
March/April 2022, read as under:-
"Categories"
i) Candidates who have studied for a period Certificate to be issued by the Headmaster/
of 5 years in Punjab or have studied in Principal of the Govt. and recognized
Punjab for 2 years just preceding the Schools/Colleges concerned.
qualifying examination for the admission.
ii) Children wards of Certificate to be issued by respective Head
a) The employees of Punjab Govt posted in of the Department
or outside Punjab State or working on
deputation having atleast 3 years of service.
b) The employee of Govt. of India posted in -do-
Chandigarh or in Punjab in connection with
the affairs of the Punjab Govt. for a period
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of 3 years.
c) The employees of State Govt. -do-
Institutions/undertakings who are posted in
Chandigarh or in Punjab in connection with
the affairs of the Punjab Govt. for a period
of 3 years.
d) The employees having atleast 3 years of -do-
service in autonomous bodies/companies in
which Punjab Govt has 20% or more shares:
e) The Residents who are residing outside -do-
Punjab on Account of their service either
with the GOI or with the employees of the
Govt. of Punjab in the matter of issue of
Residence Certificate provided the
permanent address of such employees fall in
the reorganized Punjab Le. on or after
01.11.66, as per their service books.
j) "The employees borne on the "Certificate to be issued by the Head of the
establishment of Punjab and the Haryana Department of the Punjab and Haryana
High Court discharging duties in connection High Court
with the affairs of the State of Punjab having
atleast three years of service who have not
availed this facility from their parent State
and State of Haryana and U.T: Chandigarh
iii) Children/wards of the pensioners of PPO issued by the Accountant General,
Punjab Government irrespective of the fact Punjab
that the original home of the retiree is in a
state other than Punjab or he has settled
after retirement in or outside Punjab.
iv) Children/wards of persons who have Certificate to be issued by the DC, ADC
settled in Punjab or had resided in Punjab (R), ADC (D), SDM, GA to DC, DORG,
for a period of atleast 5 years at any time DRO, EM, Tehsildar, Commissioners of
prior to the date of submission of the Municipal Corporations of Amritsar,
application either in pursuit of a profession Jalandhar and Ludhiana.
or holding of a job.
v) Children/wards of persons who have held DC, ADC(R), ADC(D), SDM, GA to DC,
immovable property in Punjab for a period EM, DORG, Tehsildar/DRO based on
of 5 years, the property should be in the copies of Jamabandi, Revenue Record,
name of the parents/guardians or the Municipal Record, Registered deeds or any
candidate himself. other documents to the full satisfaction of
the DC.
ii)Persons who were born in Punjab and As per category (iv) above.
produced a certificate to that effect
1.6 On 17.07.2022, the entrance test for NEET(UG) was held, in
which, the petitioner (Ms. Vasu Sirohi) secured an All India Rank of 31140 by
securing 580 marks. The State by issuing notification on 22.08.2022,
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disqualified all the candidates who had given their permanent address of some
other State than Punjab in NEET form, which was submitted in April-2022 with
the following note:-
"Is to be added after approval from competent
authority:- Apart from fulfilling eligibility criteria as
mentioned in this para, only those candidates shall be
considered for the state quota seats who have filled
"Punjab" state in the NEET form".
1.7 The petitioner on 07.09.2022, submitted representation protesting
against notification. However, Baba Farid University of Health Sciences
(BFUHS) in para 11 and 18-B of the prospectus issued on 07.10.2022 for
inviting applications for filling up State Quota seats added the following
clauses:-
"11. The candidate should be a bonafide resident of
Punjab. The resident status of Punjab state shall be
taken in terms of Punjab Government, Department of
Personnel and Administrative reforms (PP-II Branch)
letter No. 1/3/95-3 PP 11/9619, dated 6th June, 1996,
and any further instructions issued by the Department
of Personnel, if any, and the same shall be adhered
to. A copy of notification No. 1/3/95-3 PP II/9619,
dated 6th June, 1996 is enclosed herewith.
In addition the following categories of
candidates are also eligible for admission in MBBS
and BDS courses in medical and dental institutes in
Punjab:-
a) Wards of defence personnel posted in Punjab.
b) Candidates seeking admissions under NRI
category.
c) Candidates belonging to minority community who
are competing for the minority quota in the minority
institutions.
d) Children/wards/dependents (whose parents are not
alive) of all those regular Central Government
employees, employees of Boards/Corporations/
Statutory Bodies of the Central Government who have
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remained posted inside Punjab for at least two years
out of the three years preceding year of passing 10+2
examination but were posted outside Punjab for some
time during these three years due to which their
children/wards/dependents have passed class XI
and/or XII or equivalent qualifying examinations
from outside Punjab. However those who remained
posted in Punjab continuously for these three years
shall not be entitled to be exempted as they are
equally placed with other Punjab Government
employees posted in Punjab.
Provided however, that in case adequate number of
candidates is not available for BDS course, then
candidates who are not bonafide resident of Punjab
may be considered as per NEET merit.
"Is to be added after approval from competent
authority:-
Apart from futfilling eligibility criteria as mentioned
in this para, only those candidates shall be
considered for the state quota seats who have filled
"Punjab" state in the NEET form."
"18(b) The State filled by the candidate at the time
of filling NEET UG form shall be considered at the
time of calling application of State quota seats, only
those candidates will be considered who have filled
Punjab as Residential State."
1.8 The petitioner was issued residence certificate for purpose of
admission to educational institution in the year 2020 and 2022 on account of
being a child of individuals who were owner of immovable property in Punjab
for a period of 05 years. The petitioner's mother owns a residential
accommodation in S.A.S Nagar, Mohali (Punjab) apart from various other
properties. In her NEET form, she disclosed that she is residing at Ghaziabad,
Uttar Pradesh with her parents. She filed CWP-24318-2022, challenging
notifications dated 22.08.2022 and notice dated 14.10.2022, in which, she was
permitted to provisionally participate in the counselling with direction to keep
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her result in a sealed cover. The petitioner's writ petition alongwith other
connected writ petitions were disposed of on 13.12.2022 by directing the
competent authority to take decision, however, the same was rejected on
15.12.2022. Immediately, the petitioner filed the present writ petition.
2. Submissions made by the learned counsel representing rival
parties:-
2.1 While filing the reply, the State has contested the petition.
2.2 Learned counsel representing the petitioners have made the
following submissions:-
i. The NTA clarified that the submitted information by the
students/candidates is only for limited purpose and the same
cannot be construed as domicile of that State.
ii. Rules have been changed midway and hence, violative of Article
14 of the Constitution of India.
iii. There was no such condition that State quota seats will be
available only to those students who disclose their permanent
residence of Punjab in their NEET form.
iv. The State by issuing the amended notification has retroactively
taken away petitioner's right of consideration solely on the basis of
her disclosure while submitting NEET form.
v. The amendment vitiates legitimate expectations of the petitioner
and the impugned notification is hit by doctrine of promissory
estoppel. She had not applied in State quota for any other State
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other than Punjab and the petitioner has been admitted in BDS
Course in a college located in State of Himachal Pradesh under All
India Quota. While relying upon the judgment of the Supreme
Court in "S. Krishna Sradha vs The State Of Andhra Pradesh
and others", 2020, 17 SCC 465, prayer was made to issue
direction to admit the petitioner by creating a supernumerary seat
in MBBS in a Government College for academic Session-2024.
2.3 Per contra, learned State counsel has submitted that the
instructions have not been applied retroactively because the prospectus was
issued on 17.10.2022 in order to ensure that the candidates do not claim State
quota in different States, in view of observations made by the Bench in CWP-
18872-2019 titled as "Manu Garg Vs. State of Punjab and others". It is
further contended that the petitioner while submitting NEET application has
disclosed her permanent residence as Uttar Pradesh, whereas, she was born and
has studied in Delhi. While relying upon the judgment passed in "Saurabh
Chaudhary and others Vs. Union of India and others", 2003, 11 SCC 146, he
submits that the State is entitled to lay down criteria and modalities of the
students who are eligible to admission in the State quota. Lastly, he submitted
that the petitioner is not entitled to any relief, particularly, when two years have
already elapsed.
2.4 Learned counsel representing the National Medical Commission
has submitted that supernumerary seat in a Govt. College can be created, if this
Court directs.
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3. Analysis and Conclusion:-
3.1 Having heard learned counsel representing the parties, this Bench
is of the considered opinion that the petitioners in all these writ petitions have
wrongly been deprived of the admission in the academic Session beginning in
the year 2022.
i. Undisputably, but for the above rider in the guidelines, the
petitioner is qualified to seek admission in State quota. In other
words, the petitioners stood deprived of claiming admission in
State quota on account of disclosure of their address while filling
NEET form in April-2022. The amended notification was issued
subsequently(22.08.2022) after the NEET form had already been
submitted, hence, the instructions could not be applied
retroactively, particularly, when there is no enabling provision in
the statute. Executive instructions in absence of enabling power in
the statute cannot be made effective retroactively.
ii. It was specifically noted in the brochure issued by NTA that
the address disclosed by the candidates is not for the purpose of
determining their domicile/residence in a particular State. In this
situation, the subsequent rider added by State to deprive the
students from seeking admission in State quota seats was clearly
arbitrary, without causing them an opportunity before submitting
the applications in April-2022. The attention of the Court has not
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been drawn to any prior instructions by State of Punjab or the
University informing the students that the postal/permanent
address disclosed by them while filling NEET form may dis-entitle
them from claiming admission in State quota. Undoubtedly, the
State has power to lay down reasonable guidelines for assessing
candidates' residence but manner in which the decision has applied
retroactively is arbitrary.
(iii) The university has issued a prospectus inviting application
from candidates for 85% State quota seats. The NEET form is
submitted by the candidates only to appear in entrance test, which
is held by NTA at Pan India Level. The postal address given by the
candidates while submitting NEET form is not for the purpose of
determining residence in a particular State, whereas, the purpose of
such addresses is to ascertain the place where communication (if
any) can be sent. There may be some substance in the arguments of
learned State counsel that candidates claimed residence in different
States in order to claim State quota in various States
simultaneously. To curb such practice, the State may evolve
appropriate criteria, however, the rider has no nexus with the
object sought to be achieved, particularly, when it results in
disqualifying the candidates from State quota for the information
which they innocently disclose as per provisions contained in
NEET form.
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(iv) Even, NTA never disclosed the students that the address
disclosed by them while filling the NEET form would determine
their eligibility in State quota. On the other hand, clear steps
stipulates that such information would not determine the residence
of candidates in that particular States. It was clearly stipulated in
note appended to Clause 19 that the domicile of the candidates
should be confirmed by the candidates from the respective States.
3.2 Now, the question is that the relief which can be granted to all the
five petitioners. Ms.Vasu Sirohi' counsel has disclosed that she is interested in
admission even in this academic year, which is likely to commence in October-
2024, whereas, the petitioners' counsel in Himanshu Verma's case has
submitted that now the petitioners are not interested in admission, but he
presses the writ petition for grant of compensation.
3.3 In 'Vansh S/o Prakash Dolas Vs. The Ministry of Education Vs.
Ministry of Health and Family Welfare and others', SPL(C) No.
26179/26180 of 2023 while relying upon 'Manoj Kumar Vs. Union of India
and others', 2024 SCC online SC 163, the Supreme Court observed about
restitutionary relief. In S. Krishna Sradha's case (supra) held that if there was
no delay on the part of the candidate then in subsequent year the admission can
be ordered while directing creation of additional seat.
4. Decision:
4.1 Accordingly, this Bench respectively following the aforesaid views
directs National Medical Council to create additional seat in any of the
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Government Colleges located in State of Punjab, for Ms. Vasu Sirohi in the
current Session-2024. Additionally, she shall be also entitled to damages/
compensation to the tune of Rs. 10 lakhs as two precious years of her career
have been wasted.
4.2 The four petitioners in CWP-29374-2022 are not interested in
admission. From the facts, it is evident that all the four petitioners claimed State
quota seat in MBBS in various States, which would be evident from the
following tabulated compilation:-
List of petitioners showing different permanent addresses in NEET form and BFUHS admission form.
Sr. Name of the CWP No. State filled in State as per NTA (Confirmation Page)
No. petitioner the BFUHS
NTA 10+2 NTA Birth NTA
Admission
Passed Place Permanent
Application
Resident
Form
2. Himanshu Verma 24730 of 2022 Punjab Chandigarh Chandigarh Chandigarh
3. Ananya Goswami 25396 of 2022 Punjab Chandigarh Haryana Haryana
5. Eshita Sandhu 26457 of 2022 Punjab Himachal Chandigarh Himachal
Pradesh Pradesh
8. Sonal 25511 of 2022 Punjab Delhi Delhi Delhi
4.3 Keeping in view aforesaid facts, the amount of appropriate
compensation is required to be assessed. Though, the petitioners have not
disclosed, however, they appear to have moved on in their respective lives.
Hence, four petitioners are held entitled to interim compensation for damages at
Rs.50,000/- as they have applied to more than one state and have not taken any
specific plea regarding the hardships they have experienced. However, they
retain the right to approach the appropriate forum to seek higher compensation
if they choose to pursue further claims.
4.4 With these observations, both the writ petitions are allowed.
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4.5 All the pending miscellaneous applications, if any, (including CM-
20392-2022) are also disposed of.
(ANIL KSHETARPAL) (SHEEL NAGU)
JUDGE CHIEF JUSTICE
20.09.2024
neeraj
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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