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1989 Supreme(SC) 311

K.JAGANNATHA SHETTY, K.N.SINGH, KULDIP SINGH
Asif Hameed: State Of Jammu And Kashmir: Rajeev Mahajan: Jyoti – Appellant
Versus
State Of J & K: Rajeev Mahajan: State Of J & K: State Of J & K – Respondent


Advocates:
A.D.SINGH, A.P.AGGARWAL, Altaf Ahmed, ANIL DEV SINGH, ANIL VAIDHYA, Atul Sharma, B.B.Sawhney, B.SEN, BHIM SINGH, D.B.SAWHNEY, D.C.RAINA, D.D.THAKUR, DALVIR BHANDARI, E.C.AGARWAL, G.L.SANGHI, H.D.PATHAK, Indra Sawhney, JASVANT SINGH, L.R.SINGH, M.H.BAIG, P.D.SHARMA, P.S.SHROFF, Prithvi Raj, PURNIMA BHATT KAK, R.C.GANDHI, R.C.PATHAK, R.SATISH, S.A.SHROFF, S.JOGINDER SINGH, S.K.BHATTACHARJEE, S.S.LEHAR, S.S.SHROFF, SALMAN KHURSHID, SUBHASH SHARMA, Suhail Dutt, V.P.GUPTA, VIJAY LAKSHMI MENON

JUDGMENT

KULDIP SINGH, J. :— Special leave is granted in all these petitions.

2. The selection to the MBBS/BDS course for the session 1988-89 in the two Government medical colleges of Jammu and Kashmir has been set aside in a bunch of writ petitions by a Division Bench of Jammu and Kashmir High Court on the following grounds : -

(i) The selection was not held in accordance with the directions of the said court given in an earlier case Jyotshana Sharma v. State of Jammu and Kashmir, decided on 17th of April, 1989 (hereinafter called Jyotshana Sharmas case). In that case the High Court directed the State Government to entrust the selection process of the two medical colleges to a statutory independent body and till that was done the State Government should entrust the process of selection to such a body which was to be free from executive influence. No statutory body was constituted and hence according to the High Court the selection made by any other authority was in violation of the directions of the High Court and as such bad in law.

(ii) The selection was not held by the competent authority as constituted by the order of the High Court dated l7th of October, 1988. Under the said or




























































































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