The main legal point established in the judgment is the application of the 'merit cum preference' principle for seat allotment, as well as the interpretation and application of Rule 17 of the Jammu and Kashmir Reservation Rules, 2005, to ensure fair consideration of meritorious reserved category candidates.

Judgment

Sanjeev Kumar, J.—The petitioner, a NEET qualified RBA candidate has filed this petition seeking, inter alia, the following reliefs:-

(I) Certiorari for quashing the selection of respondent No.3 who has been allotted the MBBS seat in Government Medical College Doda, under RBA category;

(II) Mandamus commanding the respondents No. 1 and 2 to allot an MBBS seat to the petitioner under RBA category in any of the Government Colleges, namely, Government Medical College Baramullah, Government Medical College Rajouri, Government Medical College, Kathua and Government Medical College Doda.

Factual matrix

2. Online applications were invited by the National Testing Agency (NTA) for conduct of NEET-UG Examination 2020. The petitioner applied online for the test under RBA category. The result of NEET-UG examination 2020 was declared by NTA on 16th of October, 2020. The petitioner, as is evident from the communication of NTA, scored 445 marks out of 720 and was accorded NEET All India Rank 136430. On the basis of NEET-UG results, the Board of Professional Entrance Examination (“the BOPEE”) prepared and notified tentative UT merit list vide its Notification No. 042-BOPEE of 2020 dated 30.10.2020. The petitioner, with a NEET score of 445, was accorded UT Rank 1650. With a view to update the category status and preparation of provisional UT merit List (TML) of registered candidates, the BOPEE, vide notification No. 45-BOPEE of 2020 dated 05.11.2020 notified that the candidates who had secured the minimum qualifying marks in NEET-UG 2020 Examination would register themselves and upload their documents on the official website of BOPEE through online mode with effect from 07.11.2020 to 12.11.2020, which was subsequently extended up to 15th of November, 2020.

3. Vide Notification No. 54-BOPEE of 2020 dated 30.11.2020, the BOPEE issued notification for the information of NEET 2020 eligible candidates for online counseling for filling up of seats, which would commence from 30.11.2020 ( 4.30 pm) to 03.12.2020 (midnight). It was also made clear to the candidates that they would carefully go through the e-information brochure before making their online preferences. Responding to the aforesaid notification, the petitioner filled up online counseling form and gave her five preferences only in the discipline of MBBS. The order of preferences given by the petitioner was in the following manner:-

(1) Government Medical College, Srinagar.

(2) Government Medical College, Jammu.

(3) SKIMS, Srinagar.

(4) Government Medical College, Anantnag; and

(5) Government Medical College, Baramullah.

4. As per the provisions of Jammu and Kashmir Reservation Rules, 2005, 20% of the total seats in the MBBS were earmarked for RBA category. Accordingly, out of total number of 1000 seats of MBBS in different Medical Colleges of the UT of J&K, 200 seats were allotted to RBA category. Out of 200 seats allotted to BRA, 100 seats were to go to male and 100 to female candidates. The BOPEE allotted these 100 seats to different Medical Colleges of the Union Territory after applying Rule 17 (as amended vide SRO 165) of the J&K Reservation Rules, 2005. The list of the Medical Colleges, where seats were allotted, is as follows:-

(a) GMC, Jammu

(b) GMC, Srinagar

(c) SKIMS, Srinagar

(d) GMC, Anantnag

(e) GMC, Baramullah

(f) GMC, Rajouri

(g) GMC, Kathua

(h) GMC, Doda.

The respondent No.3, who like the petitioner too was a female candidate under RBA category and had scored 421 points in NEET Examination and UT Rank 1977, was allotted MBBS seat in Medical College Doda whereas the petitioner, who had a NEET score of 445 and UT Rank 1650 was not allotted any seat under female RBA category. The petitioner, after representing the matter before the BOPEE, and having found no response thereto, filed the instant petition seeking reliefs as noticed hereinabove.

Case projected by the petitioner in the writ petition:

5. The grievance projected by the petitioner is primarily directed against t