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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI, J.
Ayeda Jehan, D/o. Ghulam Nabi Shah - Petitioner
Versus
Union Territory of Jammu and Kashmir through Additional Secretary, Health and Medical Education Department, Civil Secretariat & Ors. - Respondents
WP(C) No. 2755 of 2023
Decided On : 21-02-2024
NEET PG 2023 - MDS Course - Dentists Act, 1948, Jammu and Kashmir Reservation Rules, 2005, SRO 49 of 2018, SRO 127 dated 20.04.2020, SRO 165 of 2019 - The court discussed the application of Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 and its deviation by the BOPEE in the allotment of disciplines/streams for MDS courses. The court highlighted the provisions of Rule 17 and its implications on the allocation of disciplines/streams, emphasizing the importance of merit-cum-preference and the procedure for allotment of disciplines/streams to reserved category candidates.
Fact of the Case:
The petitioner sought to quash the provisional Selection List of NEET PG 2023 for MDS course and requested adherence to Reservation Rules, 2005 for discipline allotment. The petitioner, a RBA resident, secured 725th rank on all India basis and 19th rank in J&K. The petitioner's preferences were not adhered to, and she was allotted the 16th preference discipline, leading to the filing of the petition.
Finding of the Court:
The court found that the BOPEE deviated from the procedure under Rule 17 of the Reservation Rules, 2005, resulting in the unfair allocation of disciplines/streams. The court emphasized the importance of merit-cum-preference and ruled in favor of the petitioner, commanding the swap of disciplines/streams between the petitioner and a private respondent to rectify the unfair allocation.
Issues: The issues revolved around the adherence to Reservation Rules, 2005 in the allotment of disciplines/streams for MDS courses, the petitioner's entitlement to her preferred discipline, and the deviation from the prescribed procedure by the BOPEE.
Ratio Decidendi: The court's decision was based on the interpretation and application of Rule 17 of the Reservation Rules, 2005, emphasizing the importance of merit-cum-preference and the procedure for allotment of disciplines/streams to reserved category candidates. The court ruled in favor of the petitioner, highlighting the unfair allocation of disciplines/streams and commanding the swap to rectify the injustice.
Final Decision: The petition was allowed, and the court issued a writ of mandamus commanding the swap of disciplines/streams between the petitioner and a private respondent to rectify the unfair allocation. The writ petition was disposed of accordingly along with connected application(s).
JUDGMENT :
1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner craves for indulgence of this court in granting the following reliefs:
(b) The respondents be directed to adhere to the mandate of Rule 17 of the Reservation Rules, 2005 and SRO 49 of 2018 reproduced in Broacher and allot the preferred disciplines/seat to the petitioner respectively in accordance to the merit cum preference.
(c) Respondent no. 2 be directed to pay a compensation of Rupees Twenty Lakhs (Rs.20,00,000/-) to petitioner.
2. The background facts under the cover of which the petitioner claims the aforesaid reliefs are as under :
| Open Merit | 10 seats |
| Reserved Category | 10 seats |
| Economically Weaker Section | 1 seat |
| Total | 21 seats |
The petitioner claims to have submitted her preferences of disciplines/streams while seeking admission for MDS courses by email to the BOPEE in the following sequence as is referred in para 4 of the petition :
| Preference | Discipline | College |
| 1. | Orthodontics and Dentofacial Orthopaedics | GDC-Jammu |
| 2. | Paedondontics and Preventive Dentistry | GDC-Jammu |
| 3. | Conservative Dentistry and Endodontics | GDC-Jammu |
| 4. | Prosthodontics, Crown and Bridge | GDC-Srinagar |
| 5. | Oral and Maxillofacial Surgery | GDC-Srinagar |
| 6. | Endodontics | GDC-Srinagar |
| 7. | Periodontics | GDC-Jammu |
| 8. | Oral Pathology and Microbiology | GDC-Srinagar |
| 9. | Orthodontics and Dentofacial Orthopaedics | GDC-Srinagar |
| 10. | Paedondontics and Preventive Denistry | GDC-Srinagar |
| 11. | Prosthodontics, Crown and Bridge | GDC-Jammu |
| 12. | Oral and Madillofacial Surgery | GDC-Jammu |
| 13. | Oral Medicine and Radiology | GDC-Srinagar |
| 14. | Periodontics | GDC-Srinagar |
| 15. | Oral Medicine and Radiology | GDC-Jammu |
| 16. | Oral Pathology and Microbiology | GDC-Jammu |
The petitioner herein came to be allotted the discipline/stream of Pathology and Microbiology being her 16th preference at UT level whereas, the private respondents 5 to 10 herein came to be allotted the disciplines/streams at UT level and details thereof vis-à-vis the preferences given by the petitioner qua the disciplines/streams are provided hereunder in the tabulated form:
| S. No. | Discipline | Petitioner’s preference number | Person to whom allotted | Rank at Union Territory Level |
| 1. | Orthodontics and Dentofacial Orthopedics | 1st | MRC | 13 |
| 2. | Oral and Maxillofacial Surgery | 5th | Respondent No. 5 | 24 |
| 3. | Conservative Dentistry and Endodon | |||
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 ....
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