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PANKAJ MITHAL, WASIM SADIQ NARGAL
UT of J&K through Chairman J&K Board of Professional Entrance Examination Srinagar/Jammu – Appellant
Versus
Bhat Ab. Ubran Bin Aftab – Respondent
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 petiti
: 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 tha....
Merit-based admissions must prioritize candidates based on their scores, overriding allocations made without adherence to the principles of merit cum preference under the applicable reservation rules....
The central legal point established in the judgment is the importance of adhering to Reservation Rules, 2005, particularly Rule 17, in the allotment of disciplines/streams for MDS courses. The court ....
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
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 a....
Rules governing admissions to reserved categories in education must ensure continuity of eligible students, underscoring their rights of access to post-graduate courses.
The main legal point established in the judgment is that the Medical Council of India was not competent to make regulations contrary to the mandate of Article 15(4) of the Constitution, and that the ....
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