The MCI Regulations have overriding effect over state rules and regulations in matters of admission to professional courses.

JUDGMENT :

Sanjeev Kumar, J.

1. This intra-Court appeal by the appellant is directed against a judgment dated 29.10.2022 passed by the learned Single Judge of this Court [“the Writ Court”] in WP(C) No.458/2022 titled Mehran Ajmal vs. UT of Jammu and Kashmir and others. Before we advert to the grounds of challenge urged by learned counsel for the appellant, we deem it appropriate to set out the material facts germane to the disposal of controversy raised in this appeal.

2. The appellant being aspirant for MBBS admission participated in NEET-UG 2021 examination under Roll No.250101044 and secured 481 marks. The appellant is an outstanding sportsperson and has been awarded rank 12 by the J&K Sports Council in the sports category as per the norms contained in Government Order No.808-GAD of 2008 dated 17.06.2008. It is submitted that the ranking in the sports category was prepared by the J&K Sports Council strictly in terms of Government Order dated 17.06.2008 (supra) under which merit for ranking is calculated by giving 60% weight-age to the merit obtained by the candidate in the test conducted by the selection agency and 40% weight-age to the level of sports participation.

3. The grievance, as projected by the appellant before the Writ Court was that the respondent-BOPEE resorted to and adopted an irrational and illogical criteria and granted admission to the candidates in the category of candidates possessing outstanding proficiency in sports [“sports category”] on the basis of inter-se merit of the candidates obtained in the NEET-UG examination only. It was, thus, submitted before the Writ Court that the selection of candidates under "sports category" made by the respondent-BOPEE was contrary to and in violation of clear and unequivocal provisions of Government Order dated 17.06.2008 (supra).

4. In the reply affidavit filed by the BOPEE in opposition to the writ petition, it was pleaded that with a view to giving effect to the reservation provided in favour of various categories including the sports category, the respondent-BOPEE strictly followed the J&K Reservation Act, 2004 and the rules framed thereunder. In the instant case also, it was contended, the candidates, who intended to participate in counseling under sports category were informed through J&K Sports Council for submission of their certificates of achievements for accord of sports points by the Sports Council. As a consequence thereof, the respondent-BOPEE prepared a provisional rank-wise list of sports category candidates by giving due consideration to the Government Order dated 17.06.2008 (supra). The said provisional list was published in the official website of the BOPEE vide Notification No.159-BOPEE of 2021 dated 30.12.2021 for inviting objections, if any, from the aggrieved candidates. The list was ultimately finalized and published vide Notification No. 001-BOPEE of 2022 dated 05.01.2022.

5. It was the stand taken by the respondent-Board before the Writ Court that sports list so published was only for determination of eligibility under sports category and was not meant to be determinative of allotment of seats to such candidates on the basis of their ranking in sports category. It was, thus, submitted that the ultimate selection for admission to various professional courses, like MBSS and BDS was made strictly on the basis of merit secured by the candidates in the NEET-UG examination conducted by National Testing Agency [“NTA”]. The respondent-BOPEE admitted that having regard to the merit of the appellant in the NEET-UG examination and points awarded being a person having proficiency in sports, he was placed at overall rank No.12 and amongst the male candidates, he stood at S.No.6. However, it was submitted that this ranking in the category of sports person was only for the purpose of short listing the candidates in the said category for admission. The admission to the undergraduate courses like MBSS/BDS was to be made purely on the basis of marks obtained in th