Reserved category candidates with better merit should be admitted in the open merit category and given the option for discipline allocation based on their merit in the respective category.

1. The Board of Professional Entrance Examination, Jammu (hereinafter referred to as ˜the Board™) by its Notification No.2-BPEE of 2005 dated 25-1-2005, invited applications on the prescribed forms from the eligible candidates for appearing in the Entrance Test for admission to M.D/M.S/P.G Diploma Courses in the Government Medical Colleges of the State, SKIMS Srinagar and Acharya Shri Chander College of Medical Sciences and Hospital, Jammu, for 182 seats in MD/MS Courses and 63 seats in P.G. Diploma Courses. The petitioner, applied under ALC Category for competing in the Entrance Examination. Like the petitioner, other eligible candidates also applied. The Board conducted the written examination for making selection to the said courses on 17-03-2005. The total number of seats for which the selection was to be made, were 245. The Board issued the Select List, selecting 132 candidates in the open merit category, 25 candidates in the open merit rural category, 10 candidates in S.C. Category, 13 candidates in S.T. Category, 25 in RBA Category, 5 in ALC Category, 3 in OSC Category, 2 in SP Category while 5 in CDP/JKPM Category.

2. The selected candidates were to be called for counseling for allotment of seats. Foot-Note-3, which is relevant to the dispute, reads as follows: -

Twenty nine candidates in the Reserved Categories and one candidate under the ˜Rural Service™ have obtained marks which fall within the range of marks obtained by the Open Merit Category candidates. These candidates are accordingly eligible to be considered under Open Merit Category. They will be given option when the counseling is made for allotment of streams/disciplines and depending upon their option whether they would like to be placed in the Open Merit category or in their respective reserved categories, the residual berths in the Open Merit category or in the appropriate reserved categories, as the case may be, will be allotted to the candidates on merit.

3. The name of the petitioner does not figure in the General List of selected candidates. Aggrieved by her non-inclusion in the list, the petitioner has filed this writ petition.

4. The case of the petitioner is that she belongs to ALC Category. In the Open Merit category, the last candidate has obtained 169 points whereas in the ALC category, under which the petitioner has applied, the last candidate has obtained 154 points in the examination. The other 4 candidates in the ALC category have secured 191, 186, 170 and 169 points. The candidates figuring at S.Nos. 1 to 3 in the ALC category have thus obtained more points than the last selected candidates in the Open Merit and, therefore, in terms of Rule 25-A of SRO 126 of 1994, these candidates were required to be placed in the Open Merit category and consequently three vacancies were required to be filled up from the three ALC category candidates, who may be figuring low in the merit than the last selected candidate in the category who has obtained 154 points. It is the case of the petitioner that the petitioner has secured 149 points and, therefore, had the other three candidates from the ALC category, who have more points than the candidates in the Open Merit category, been shifted to the Open Merit category, in consequent vacancies caused in the ALC category, the petitioner can find berth. The petitioner, therefore, seeks re-drawing of the select list in accordance with the rules and showing the place of the petitioner in the category of selected candidates in the ALC Category.

5. During the pendency of the writ petition, the Board proceeded ahead with the counseling of the selected candidates and has allotted disciplines to 210 candidates out of the select list. The other seats available have not been allotted because of the pendency of this writ petition.

6. I have heard Mr.M.A.Goni Sr. Advocate, learned counsel for the petitioner, Mr.D.C.Raina, Sr. Advocate learned counsel for the respondent-Board and also perused record.

7. The rules for reservation

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