IMPORTANT POINT : Benefit of reservation must reach deserving candidate in category and is not eaten away or affected by a candidate of reserved category, who, on strength of his merit, has equal or better merit than merit of candidate last admitted in professional course in general category.

Judgment :

The petitioners are aggrieved of and have challenged the selection list of NEET- MDS-2021 candidates belonging to UTs of J&K and Ladakh, issued by the Board of Professional Entrance Examination (BOPEE) vide notification No. 100-BOPEE of 2021 dated 03.10.2021 [“the impugned select list”] to the extent it denies the reservation quota in the MDS Course provided for the reserved category of Children of Defence Personal/Military Forces and State Police Personal [‘CDP/JKPM’ for short]. The petitioner No.1 claims to be a candidate belonging to CDP/JKPM category being next in order of merit to Dr. Rasiq Mansoor, who, by the dint of his merit, is placed in the general category. The petitioner nos. 2, 3 and 4 are candidates belonging to RBA category. As is stated by learned counsel for the petitioners, petitioner nos. 2, 3 and 4 are allocated the disciplines and have got admission or have otherwise lost interest to pursue this petition. The petition was, thus, argued for and on behalf of petitioner No.1 only.

2. As per the Provisional merit list of NEET-MDS -2021 of candidates belonging to UTs of J&K and Ladakh, the petitioner No.1 figures at serial No. 52 in the overall merit and would be at serial No.2 in the category of CDP/JKPM, next only to Dr.Rasiq Mansoor. So far as Dr.Rasiq Mansoor is concerned, he figures at serial No.5 of the merit list and, therefore, is in the selection zone in the general category. The grievance of the petitioner is that in terms of the impugned select list, the BOPEE has filled up 41 seats by selection of equal number of candidates for different specialities of MDS Courses but in doing so, the respondents have not given 2% reservation earmarked for CDP/JKPM category. It is submitted that out of 42 seats notified for admission, one seat was allocable to the category of CDP/JKPM. However, no candidate from CDP/JKPM category is selected, therefore, the mandate of reservation provided under the Jammu and Kashmir Reservation Act, 2004 and Rules framed there under, has been violated.

3. The petition is vehemently contested by the BOPEE. It is submitted that after the conduct of entrance examination by the National Board of Examination (NBE) and receipt of result, the BOPEE proceeds further in accordance with Rules for conducting counselling of the candidates and allotment of streams in various disciplines/Colleges. It is submitted that NBE declared the result of NEET PG -MDS-2021 on 30.08.2021 and after receipot of result by the Union Territory of Jammu and Kashmir, online registration of candidates was done and provisional UT List was notified vide notification No.94-BOPEE of 2021 dated 25.09.2021. By a subsequent notification bearing No. 100-BOPEE of 2021 dated 03.10.2021 the provisional select list on the basis of merit-cum-preferences exercised by the eligible participating candidates in physical round of counselling and by operation of relevant reservation rules for admission to MDS courses in Government Dental College Srinagar ( GDC Srinagar) and Indira Gandhi Government Dental College, Jammu (IGDC Jammu) was issued. 14 candidates were recommended for admission in IGDC Jammu whereas 27 candidates were recommended for GDC Srinagar. It is thus submitted that the selected candidates have joined their courses and there is no short fall in any of the aforesaid institutions. The respondent-Board has further pleaded that out of 28 seats available in GDC Srinagar, 14 were filled up from Open Merit, 2 from EWS category and 12 from the reserved categories. Similarly in IGDC Jammu, out of 14 seats available in the College, 7 have been filled up from Open Merit and 7 from the reserved categories. The petitioner No.1 was having UT rank of 52 under JKPM Category which is clubbed with CDP category as as per SO 127 dated 20.04.2020 and the said category has 2% reservation, meaning thereby that out of 42 seats, one seat is allocable to the category of CDP/JKPM. It is submitted that the lone seat earmarked for the s