The main legal point established in the judgment is that the eligibility for admission to a Post Graduation Course and the applicability of relevant regulations should be determined based on the specific circumstances of the candidate's case, and the bar in the regulations applies only when a candidate is prosecuting his study in Post Graduation Degree/Diploma Course.

Alok Aradhe, J.

With the consent of the learned counsel for the parties, these appeals are heard finally.

2. Since the common questions of law and fact arise for determination in these appeals, they are being heard analogously and are being decided by this common judgment. For facility of reference facts from LPAOW No. 42/2017, are being referred to.

3. The appellant completed his MBBS Course from ASCOMS in the year 2012 and was selected for the Course of MS General Surgery in Government Medical College, Jammu. The appellant took admission in the aforesaid Course on 31.05.2016 and left for Kashmir to celebrate Eid with his family on 04.07.2016 after taking leave. However, after 09.07.2016, due to an anti-terrorist operation conducted by the Security Forces, the situation in Kashmir became very unstable and curfews were imposed. Therefore, the appellant could not leave his home town to attend the Course. Eventually, the admission granted to the appellant was cancelled. In the month of October, 2016, the appellant filled up the form for National Eligibility-cum-Entrance Test, which was to be held in the month of December, 2016. The appellant appeared in the National Eligibility-cum-Entrance Test, which was held between 6th to 13th December, 2016. The result of the aforesaid examination was declared on 15.01.2017 and the appellant qualified the examination and obtained All India Rank of 11649. The State-wise Rank of the appellant was 114. By the impugned notice dated 14.03.2017, the Jammu and Kashmir Board of Professional Entrance Examinations declared that the appellant as ineligible to seek admission in the Post Graduation Course in view of SRO 8 2005 (3) JK Statutes JK-38 [Govt. Medical Colleges (Selection Of Candidates For Post Graduate Degree And Diploma Courses) Procedure Order, 1995 -- Amendment in Proviso to Clause 3(v) of the Order] of 2005. Being aggrieved by the order dated 14.03.2017, the appellant approached this Court by filing OWP No. 420/2017, which was dismissed by the learned Single Judge vide order dated 25.05.2017. In the aforesaid factual background, appellants have approached this Court.

4. Learned senior counsel for the appellant has submitted that the appellant was admitted to Post Graduation Course in the Academic Session, 2016, however, his admission was cancelled by the respondents as the appellant was unable to join the course due to the circumstances beyond his control. It is further submitted that this year again the appellant appeared in the National Eligibility-cum-Entrance Test, 2017 and has secured State-wise Rank 114. However, the admission was denied to the appellant on the strength of SRO 8 of 2005, dated 18.01.2005. It is further submitted that the learned Single Judge ought to have appreciated that the aforesaid SRO has no application in the case of the appellant as the appellant had not appeared in the examination while he was doing the Post-Graduation Course.

5. On the other hand, learned counsel for respondent Nos.3 & 4 has submitted that since the appellant has not completed the Course, therefore, he is not entitled for admission to the Course. In support of his submissions, learned counsel for respondent Nos.3 and 4 has placed reliance on the decision of the Supreme Court in the case of Mabel v. State of Haryana & Ors., AIR 2002 SC 2773. Learned senior Additional Advocate General appearing for Respondent Nos. 1 and 2 has supported the stand taken by learned counsel for Respondent Nos. 3 and 4.

6. We have considered the submissions made by learned counsel for the parties and have perused the record. For making selection for Post-Graduation Degree/Diploma Course, the Government of Jammu and Kashmir has framed the Jammu and Kashmir Government Medical Colleges (Selection of Candidates for Post-Graduation Degree and Diploma Courses) Procedure Order, 1995, issued under SRO 158, dated 12.07.1995. The aforesaid SRO was amended subsequently vide SRO 57, dated 31.01.2002 and SRO 364, 2003 (1)