Jaskaran Singh & ORS v. State Of Punjab & ORS

LPA No.380 of 2015 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Letter Patent Appeal No. 380 of 2015(O&M) Date of Decision: March 11, 2015.

Jaskaran Singh and others ...... APPELLANT (s)

Versus

State of Punjab and others ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Sanjeev Kumar, Advocate for the appellants.

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1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reports or not?

3. Whether the judgment should be reported in the digest? ***** HEMANT GUPTA, J.

Challenge in the present appeal is to an order dated 29.01.2015 passed by learned Single Judge whereby the writ petition filed by the appellants was dismissed in terms of judgment of Hon'ble Supreme Court in Priya Gupta v. State of Chhattisgarh, (2012) 7 SCC 433 observing that the appellants cannot be granted admission to a course beyond the date fixed. Learned Single Judge granted liberty to the appellants to claim damages for wrongful denial of admission to them.

The learned counsel for the appellants argued that the appellants OMKAR SINGH 2015.03.12 10:31 I attest to the accuracy and authenticity of this document Chandigarh

LPA No.380 of 2015 [2] were not at fault therefore, for no fault of the appellants, they have been denied admission. Therefore, this Court in exercise of its writ jurisdiction should intervene and set aside the order declining admission to the appellants. The direction of Hon'ble Supreme Court is clear and categorical that no admission to the medical course can be ordered after the 30th September of each year. In the present case, the writ petition has been filed in the year 2015 i.e., much after the cut-off date fixed by the Hon'ble Supreme Court. We do not find any illegality in the impugned order passed by learned Single Judge. Even if it is assumed the requisite information was received late by them, this cannot be a ground for admission after the cut-off date. There is no error in the impugned order passed by the learned Single Judge.

Consequently, this appeal is dismissed.

However, it shall be open to the appellants to establish their claim for damages in the civil court in accordance with law. ( HEMANT GUPTA ) JUDGE ( LISA GILL ) March 11, 2015.

JUDGE 'om'

OMKAR SINGH 2015.03.12 10:31 I attest to the accuracy and authenticity of this document Chandigarh