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2020 Supreme(J&K) 460
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Rajesh Bindal, J.
Naseem Chauhan - Appellants
Vs.
Union Territory of J&K and Ors. - Respondent
WP (C) No. 1195/2020 (O&M)
Decided On : 31-08-2020
For the Appellant :K.S. Johal, Sr. Advocate and Karman Singh Johal, Advocate
For the Respondents:F.A. Natnoo, AAG and Sheikh Najeeb, Advocate
Headnote:
Counseling for admission to MD/MS courses – Admission - Petitioner has filed present writ petition seeking a direction to official respondents to register her candidature for counseling for admission to MD/MS courses even after last date fixed for registration, in mopping up round for filling up left over seats for MD/MS courses, had expired - After the writ petition was amended, further direction has been prayed for to change discipline in which petitioner was allotted seat i.e. Ms. Anatomy to MD Pathology or MD Social and Preventive Medicine/Community Medicine - Second relief is dependent on first relief - In case the first is not granted, second will become infructuous - Learned Senior Advocate appearing for petitioner submitted that petitioner is a medical graduate already working as Medical Officer - She belongs to ST category - She had appeared in NEET (National Eligibility Entrance Test) examination and scored 232 marks - In the initial process of admission, she could not make up as marks secured by her were less than minimum criteria fixed - However, later on, minimum marks required for admission to MD/MS courses, were reduced by Ministry of Health and Family Welfare, Government of India - For reserved category candidates, to which petitioner belongs, marks were reduced to 20 percent for the academic year, petitioner became eligible to seek admission - Whether admission should at all be granted is not a matter to be taken lightly – Held, As far as star argument of learned senior counsel for petitioner that the date fixed for admission is not sacrosanct, in court opinion, same is totally misconceived - Dates so fixed are not to be extended or relaxed by Court considering difficulty which may be faced by any one candidate - Judgment of Hon'ble the Supreme Court in S. Krishna Shradha's case supra does not come to rescue of petitioner for reason that legal issue sought to be argued by him was not considered in aforesaid judgment - It was a case where on account of some omissions or commission by t authority, a candidate is denied admission - Contention raised by learned counsel for petitioner that in case, seats are lying vacant, petitioner can very well be granted admission, is attractive but without any merit - Cutoff date fixed for admissions cannot be left open for all times to come - Mop up counseling was meant for that purpose only, so that anyone left out can get himself/herself registered and apply for admission - Idea at that stage, was also that the vacant seats be filled up - Petitioner missed the bus and cannot be allowed to raise the arguments - In case argument of the petitioner is accepted it will result in admissions being made on walk in basis - That cannot be permitted - It is not merely a technicality - For the reasons mentioned, court do not find any merit in present petition, same is accordingly, dismissed.
JUDGMENT :
Rajesh Bindal, J.
1. The petitioner has filed the present writ petition seeking a direction to the official respondents to register her candidature for counseling for admission to MD/MS courses even after the last date fixed for registration i.e. 18.07.2020, in the mopping up round for filling up left over seats for MD/MS courses, had expired. After the writ petition was amended, further direction has been prayed for to change the discipline in which the petitioner was allotted seat i.e. Ms. Anatomy to MD Pathology or MD Social and Preventive Medicine/Community Medicine. However, the second relief is dependent on the first relief. In case the first is not granted, the second will become infructuous.
2. Mr. K.S. Johal, Learned Senior Advocate appearing for the petitioner submitted that the petitioner is a medical graduate already working as Medical Officer in Jammu and Kashmir. She belongs to ST category. She had appeared in the NEET (National Eligibility Entrance Test) examination and scored 232 marks. In the initial process of admission, she could not make up as the marks secured by her were less than the minimum criteria fixed. However, later on, the minimum marks required for admission to MD/MS courses, were reduced by the Ministry of Health and Family Welfare, Government of India. For reserved category candidates, to which the petitioner belongs, the marks were reduced to 20 percent for the academic year 2020, hence, the petitioner became eligible to seek admission.
3. The Board of Professional Entrance Examination (for short the 'BOPEE'), issued Notice No. 40 dated 15.07.2020, clarifying that in the reserved category, the cut off score has been reduced to 230. The candidates who were falling within the revised cut off score and were willing to participate in the mop up round were required to register themselves in the office of the BOPEE at Jammu or Srinagar from 15.07.2020 to 18.07.2020 up to 2:00 P.M.
4. He further referred to another Notification No. 17 dated 15.07.2020 issued by the BOPEE, which provided the schedule of counseling for reserved category candidates securing marks between 318 to 230. The date fixed was 20.07.2020.
5. It is not in dispute that the petitioner could not reach the office of the BOPEE within the period prescribed and get herself registered. It is for the reason that she did not come to know about the schedule in time and further she was suffering from medical ailment. She got her ultrasound for abdomen conducted on 03.07.2020, indicating Gall Bladder Stone. She got herself examined from a doctor on 15.07.2020, who advised her surgery on 19.07.2020. As during the period of COVID-19, surgery could not be conducted without COVID-19 testing, she had to get herself tested for COVID-19 and quarantine during this period. The report was received by her on 18.07.2020, late in the evening. The very next day, she made a representation to the BOPEE, however, to no use. Without wasting any time, on 20.07.2020 she filed the present writ petition. On 22.07.2020, she was allowed to provisionally appear in the counseling, however, her result was directed to be kept in a sealed cover. Vide order dated 29.07.2020, the result in the sealed cover was produced in Court. The same was opened and it was found that the petitioner had been granted admission in Ms. Anatomy. No one else was the claimant for that seat.
6. In the aforesaid factual matrix, the argument raised is that the petitioner was not at fault as because of medical emergency she was unable to submit her documents within the period granted for mop up counseling. Relevant documents in support of the arguments have been placed on record. It is so provided even in the prospectus that no seat should go vacant. In case seat in MD/MS courses go vacant, the same will be a national loss. There is no other claimant available for that seat. He further referred to a Notification dated 23.07.2020, issued by the BOPEE where fresh schedule for left over seats was
