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2016 Supreme(J&K) 103

Competent Authority Entrance Examinations J&K Jammu – Appellant
Versus
Mahesh Kumar Raina – Respondent


Advocates Appeared:
For the Appellants : D.C. Raina, Ravinder Gupta, Amit Gupta

ORDER :

N. Paul Vasantha Kumar, J.

1. A Division Bench of this Court by order dated 15.03.1994 while admitting the appeal and noticing the sustainability of the order of learned Single Judge, which was impugned before the Division Bench, referred the matter before the Full Bench taking note of the judgment of Division Bench rendered earlier in LPA No. 261/1992 titled Naresh Singh v. State of Jammu and Kashmir and others dated 24.11.1993. The Division Bench while making reference has observed as follows:

"We are prima facie in agreement with the learned Single Judge that a candidate, who has acted diligently and done all that was necessary could not be denied consideration under the reserved category to which he/she admittedly belong. We accordingly feel that besides the questions formulated by the appellants in the Memo of Appeal, one of the questions that would additionally arise would be whether the writ petitioner could be disentitled for consideration under the reserved category in view of the admitted fact that the Authority competent to issue the certificate had failed in its obligation to decide the matter within fifteen days and also in view of the fact that the candidate had


















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