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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Pankaj Mithal, Wasim Sadiq Nargal, JJ.
UT of J&K through Chairman J&K Board of Professional Entrance Examination Srinagar/Jammu and Anr. - Appellant
Vs.
Dr. Bhat Ab. Ubran Bin Aftab and Ors. - Respondent
LPA No.140 of 2022 and CM No.4269 of 2022
Decided On : 13-09-2022
NEET-MDS-2021 - Reservation Quota Denial - J&K Reservation Act, 2004, Rules 15 and 17 - The court held that the next candidate in the order of merit in the category of CDP/JKPM was entitled to be selected against one seat earmarked for the category of CDP/JKPM. The Board failed to act in conformity with the mandate and spirit of Sections 9 and 10 of the J&K Reservation Act, as Dr. Rasiq Mansoor, who was figuring at S. No. 5, was entitled to be considered in the open merit, though, he had the option for taking the benefit of his reserved category status for the purpose of making the choice of the discipline/college. The Board has committed an illegality in not pushing the petitioner no.1, up to the selected under the category of CDP/JKPM, when, the only more meritorious candidate in the category than the petitioner, i.e., Dr. Rasiq Mansoor, has succeeded in making a place in the open merit on the strength of his merit. The Board has fallen in error in interpreting the true spirit and mandate of Rule 17, which was applicable to the case in hand. The judgment of the Writ Court is comprehensive, well-reasoned and justified and the findings arrived by the learned Single Judge are based on the law laid down by Hon’ble the Supreme Court in identical cases for PG Courses. The directions passed by the learned Single Judge to reserve 1 seat of MDS in the next session in the discipline to which the petitioner no.1 was entitled to, in no way increases the intake capacity rather a direction has been issued to BOPEE to set the aforesaid discipline apart and not to make it part of the selection or admission of MDS Course 2022.
Fact of the Case:
The petitioners challenged the selection list of NEET-MDS-2021, claiming denial of reservation quota in the MDS Course provided for the reserved category of Children of Defence Personal/Military Forces and State Police Personal. The petitioners were aggrieved that the Board of Professional Entrance Examination (BOPEE) did not give 2% reservation earmarked for CDP/JKPM Category. The petitioners were next in the order of merit to Dr. Rasiq Mansoor, who was placed in the general category. The Board argued that the only seat earmarked for the category of CDP/JKPM was filled up by admitting Dr. Rasiq Mansoor, and Rule 17 was not applicable. The petitioners filed a writ petition, and the judgment favored the petitioners, granting admission and compensation.
Finding of the Court:
The court found that the Board failed to act in conformity with the mandate and spirit of the J&K Reservation Act, 2004, and Rules 15 and 17. The judgment was comprehensive, well-reasoned, and justified, based on the law laid down by the Hon’ble Supreme Court in identical cases for PG Courses. The court upheld the judgment, dismissing the appeal filed by the appellants.
Issues: The core issues were whether the J&K Reservation Act and Rules were required to be applied, how Rule 15 and 17 of the Reservation Rules were to be interpreted and applied, whether the relief granted in favor of the respondent was in tune with the settled legal position, and whether the directions issued by the learned Single Judge were correct in absence of arraying the affected persons as party respondents.
Ratio Decidendi: The court held that the Board failed to act in conformity with the mandate and spirit of the J&K Reservation Act, 2004, and Rules 15 and 17. The judgment was comprehensive, well-reasoned, and justified, based on the law laid down by the Hon’ble Supreme Court in identical cases for PG Courses. The court upheld the judgment, dismissing the appeal filed by the appellants.
Final Decision: The court affirmed the judgment and upheld the same, dismissing the appeal filed by the appellants along with connected CM(s), being without any merit.
JUDGMENT :
Wasim Sadiq Nargal, J.
This intra Court Appeal, (for short -Appeal.) is directed against the judgment/final order dated 27.06.2022, (for short “Impugned Order”), passed by the Writ Court in writ petition bearing WP(C) No.2020/2021, whereby, the writ petition filed by the petitioners has been allowed in the following manner:—
(ii) That since the cutoff date for admission to the PG Courses is a long back over, it would, therefore, be not in the fitness of things to grant admission to the petitioner no.1 at this point of time. More so, when all the seats notified for admission stand filed up and there is no seat left vacant.
(iii) That with a view to undo the wrong done to the petitioner no.1 and give effect to his right to admission, as upheld by this Court, respondents are directed to keep one seat of MDS reserved in the next session in the discipline to which the petitioner no.1 was entitled to in the instant admission but was not granted because of fault attributable exclusively to the respondent-BOPEE.
(iv) The respondent-BOPEE shall do well to set aforesaid discipline apart and not to make it part of selection or admission of MDS Course-2022.
(v) The petitioner is also held entitled to a compensation of Rs. Five Lakhs to be paid by the respondent-BOPEE to compensate the petitioner no.1 for the loss of one year of his career.
2. To understand the controversy in proper perspective, the brief resume of the facts in question that led to the filing of the aforesaid appeal are enumerated as under:—
Facts of the Case:
3. The petitioners were 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, 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 (for short “CDP/JKPM.). The petitioner no.1 before the Writ Court, claims to be a candidate belonging to CDP/JKPM category, being next in the order of merit to Dr. Rasiq Mansoor, who, by the dint of his merit, was placed in the general category. The petitioner nos.2, 3 and 4, before the Writ Court, were candidates belonging to RBA category. The learned counsel for the petitioner nos.2, 3 and 4, before the Writ Court made a categoric statement that since the aforementioned petitioners were allocated the disciplines and have got the admission or have otherwise lost interest to pursue the petition before the Writ Court and, accordingly, arguments were raised on behalf of petitioner no.1 only.
4. It was the specific stand of the petitioner no.1 before the Writ Court that as per the provisional merit list of NEET-MDS-2021, he figured at S. No.52 in the overall merit and would be at S. No. 2 in the category of CDP/JKPM, next only to Dr. Rasiq Mansoor. It was the specific stand of the petitioner no.1, before the Writ Court that so far as Dr. Rasiq Mansoor, is concerned, he figured at S. No. 5 of the merit list and, therefore, was in the selection zone in the general category. The grievance which was projected by the petitioner no.1 before the Writ Court was that in terms of the impugned selection list, the BOPEE has filled up only 41 seats by selection of equal number of candidates for different specialities of MDS Courses, but in doing so, the official respondents have not given 2% reservation
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