Satish Kumar And Others v. State Of Haryana And Others

1 CWP No. 13636 of 2019 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No. 13636 of 2019 (O&M) Date of Decision: 29.07.2024 Satish Kumar and others .....Petitioners versus State of Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL KSHETARPAL, JUDGE Present :

Ms. Anu Chatrath, Senior Advocate with Mr. Nishant Maini, Advocate, Mr. Nikhil Singh, Advocate and Mr. Ratik Kapur, Advocate, for the petitioners. Mr. Naveen S.Bhardwaj, Addl. Advocate General, Haryana. Mr. Surinder Gaur, Advocate, for respondent>Pt.B.D.Sharma University.

Mr. Ravi Sharma, Standing Counsel for respondent> Medical Council of India.

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 1.

This petition has been filed by the petitioners praying for the following substantial reliefs:-
  





           

      

    

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    < 2.

The grievance of the petitioners, who are the students and their parents, is against the notification (Annexure P-16) issued by the State of Haryana on 28.08.2018 creating a sub classification within the class of Economically Backward category.

3.

It is not disputed at the Bar by learned counsel for the rival parties that vide order dated 24.08.2021 the Apex Court in Pichra Warg Kalyan Mahasabha Haryana (Regd.) and another vs. State of Haryana and another 2021(3) SCT 747, has quashed the foundational notification dated 17.08.2016 issued by the State of Haryana and as such the consequential notification dated

3 CWP No. 13636 of 2019 (O&M) 28.08.2018 (Annexure P-16) issued by the State of Haryana also pales into insignificance. The Apex Court, however, while quashing the aforesaid notification, saved the admissions of the students made in the meanwhile. 4.

In the instant petition, the petitioners No.5 to 8 have completed their MBBS course and in all probability are undergoing internship or may have completed the same.

5.

The aforesaid position is not disputed by learned counsel for the State of Haryana.

6.

In view of the above and following the verdict of the Apex Court laid down in Pichra Warg Kalyan Mahasabha Haryana (Regd.) (supra), the impugned notices (Annexures P-13/I to P-3/IV) issued pursuant to the aforesaid notification dated 28.08.2018 (Annexure P-16) are liable to be set aside. Equity demands that in the changed circumstances, the admissions of the petitioners No.5 to 8, who have completed their MBBS course and have either received or will receive the degree ought to be saved. 7.

Accordingly, the present petition is disposed of in terms of the law laid down by the Apex Court in Pichra Warg Kalyan Mahasabha Haryana (Regd.) (supra) and the impugned notices (Annexures P-13/I to P-3/IV) issued by the respondents pursuant to the aforesaid notification dated 28.08.2018 (Annexure P-16) are set aside and admission of petitioners No.5 to 8 in the MBBS course is saved. However, this order shall not be cited as a precedent.

(SHEEL NAGU) CHIEF JUSTICE (ANIL KSHETARPAL) JUDGE 29.07.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No