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2014 Supreme(J&K) 49
JAMMU AND KASHMIR HIGH COURT
M.M. KUMAR & MUZAFFAR HUSSAIN ATTAR, JJ.
Jammu & Kashmir BOPEE and Others – Appellants
Vs.
Sunandani Sharma and Others – Respondents
L.P.A.O.W. No. 3 of 2014
Decided On : 4.4.2014
The main legal point established in the judgment is the duty of Constitutional Courts to uphold merit in admission to professional colleges and the power of the court to direct admission in professional courses, even beyond the permitted intake capacity, in extraordinary cases.
Headnote:
BOPEE - Admission Dispute - J&K Board of Professional Entrance Examination Act, 2002 - [J&K Board of Professional Entrance Examination Act, 2002] - The court discussed the provisions of the J&K Board of Professional Entrance Examination Act, 2002 and its implications on the admission process for professional courses. The court emphasized the importance of merit in admission to professional colleges and the duty of Constitutional Courts to uphold merit. It also highlighted the power of the court to direct admission in professional courses, even beyond the permitted intake capacity, in extraordinary cases.
Fact of the Case:
The Board of Professional Entrance Examination (BOPEE) deprived a meritorious candidate, Sunandani Sharma, of a free seat in BDS course despite her higher merit than other candidates. The court held her entitled to admission in the free seat category in Government Dental College, Jammu and to receive compensation from BOPEE.
Finding of the Court:
The court found that Sunandani Sharma was wrongly deprived of her right to a free seat in the BDS course and directed her admission in the current academic session. It also modified the compensation amount she was entitled to receive from BOPEE.
Issues: The main issue was the deprivation of a meritorious candidate's right to a free seat in a professional course by BOPEE.
Ratio Decidendi: The court emphasized the importance of merit in admission to professional colleges and the duty of Constitutional Courts to uphold merit. It also highlighted the power of the court to direct admission in professional courses, even beyond the permitted intake capacity, in extraordinary cases.
Final Decision: The court directed BOPEE to issue necessary notification for Sunandani Sharma's admission in the college, directed the college to admit her within one week, and modified the compensation amount she was entitled to receive from BOPEE.
MUZAFFAR HUSSAIN ATTAR, J.
1. The Board of Professional Entrance Examination (BOPEE) constituted under the J&K Board of Professional Entrance Examination Act, 2002, due to its casual and insensitive approach, has yet again subjected the meritorious candidate to incalculable sufferings. Sunandani Sharma, despite having obtained 155 marks, more than from Eshmeet Sudan and Tanzeela Aijaz (viz. 154 and 135 marks respectively) was deprived of free seat in BDS course in the Government Dental College Jammu. The selection process for undergoing BDS course and other professional courses was made by the BOPEE in the year 2012.
2. Despite securing higher merit than other two candidates, Sunandani Sharma was allotted the discipline of Bachelor of Ayurveda Medicines and Surgery (BAMS) in the payment category in the Jammu Institute of Ayurveda and Research, Nardani Raipur, Jammu. Eshmeet Sudan was allotted payment seat in BDS course in the institute of Dental Sciences and Charitable Trust Sehora, Jammu, whereas, Tanzeela Aijaz was granted admission under management quota seat in BDS Course in the same institute.
3. After third round of counselling, BOPEE in terms of notification dated 29.09.2012 upgraded Eshmeet Sudan in the discipline of BDS course from payment to free seat and was selected to undergo BDS course in Government Dental College, Jammu. In sequel thereto, Tanzeela Aijaz was upgraded to BDS payment seat for which she had to pay lesser fee than the management quota seat. Sunandani Sharma approached the BOPEE with a representation, who, in turn, rectified its mistake to the extent of Eshmeet Sudan and Tanzeela Aijaz, inasmuch as, their selection in terms of notification dated 29.09.2012 was cancelled by issuance of corrigendum dated 05.10.2012. However, Sunandani Sharma was not selected to undergo BDS course against free seat in view of merit secured by her.
4. All the three persons challenged corrigendum dated 05.10.2012. The corrigendum was stayed in the writ petitions of Eshmeet Sudan and Tanzeela Aijaz.
5. Learned writ Court vide its judgment and order dated 13.12.2013 allowed the writ petition (SWP No. 154 of 2012) filed by Sunandani Sharma and held her entitled to admission in free seat category in Government Dental College, Jammu for undergoing BDS Course in place of Eshmeet Sudan. The admission was to be granted to her in the ' current academic session. Sunandani Sharma was held also entitled to receive compensation from the BOPEE. The writ petitions filed by Eshmeet Sudan and Tanzeela Aijaz were dismissed. It was also directed that Sunandani Sharma shall be admitted to BDS course in place of Eshmeet Sudan within one week from the date of the judgment.
6. BOPEE and Eshmeet Sudan have challenged the judgment passed by the learned writ Court before the Letters Patent Bench. Orders dated 25.2.2014 and 06.03.2014 passed in Letters Patent Appeal (LPA) are taken note of :
"Order dated 25.2.2014
In the facts of the present case, Mr. Raina learned Senior Advocate seeks two/three days time to have instructions with regard to adjustment of respondent Suandani Sharma for BDS (free seat) in Government Dental College, Jammu for the academic session, starting from September, 2014. Granted.
List along with LPAOW No. 8/2014 on 28.02.2014 (Friday).
Order dated 06.03.2014
On the request made by learned counsel for respondent No. 1 Dental College of India through its Secretary, Aiwan-e-Galim Marg, Kotla Road, Temple Lane, New Delhi is impleaded as party respondent. Notice of the appeal be issued to the newly added respondent.
Mr. Raina, learned counsel for the appellant has brought to our notice letter dated 05.03.2014 sent by the BOPEE-appellant to the Dental Counsel of India for sanction of addition seat in BDS course at Govt. Indira Gandhi Dental College, Jammu over and above the sanctioned intake for the academic session-2014. The aforesaid communication has been necessitated on account of the mistake committed by the BOPEE which re
