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2019 Supreme(J&K) 138

SANJEEV KUMAR
Mehdi Ali – Appellant
Versus
State – Respondent


Appearing Counsel:
For the Petitioner(s):Mr. Sunil Sethi Sr. Advocate with Ms. Veenu Gupta Advocate in SWP No.2470/2018
For the Petitioner(s):Mr. Pawan Kundal Advocate in OWP No.351/2019
For the Respondent(s): Mr. C.M. Koul, Sr. AAG for R-1
For the Respondent(s): Mr. Vishal Bharti, Dy. AG for R-2
For the Respondent(s): Mr. F.A. Natnoo, AAG for R-3
For the Respondent(s):Mr. Z.A. Shah, Sr. Advocate with Mr. Jagpaul Singh and Mr. Abhinav Sharma, Advocates

Judgment

1. The petitioners in both the aforesaid writ petitions are aspirants for admission to MD/MS/PG Diploma Courses 2019-Academic Sessions. They belong to different reserved categories and are entitled to the benefit of reservation provided under the J&K Reservation Act, 2004 (for short ‘Act of 2004’) and J&K Reservation Rules 2005 (for short “Rules of 2005”). They are aggrieved and challenge the SRO 49 of 2018 dated 30.01.2018 whereby Rule 17 of the Rules of 2005 has been amended. In OWP No.351/2019, apart from assailing the constitutional validity of aforesaid SRO, the petitioners has sought declaration of Rule 15 of the Rules of 2005 to the extent it provides for clubbing/amalgamation of seats allocable to various reserved categories in one pool as ultra vires the Constitution and Act of 2004. The petitioners in OWP No. 351/2019 also seek direction to the respondents to distribute the seats earmarked for different categories proportionate to their population in the State.

2. The relevant facts which have given rise to the instant writ petitions need to be noticed before proceeding to determine the core issue pertaining to the constitutional validity of SRO 49 of 2018.

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