Serial No. 167 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on : 31.10.2025 Pronounced on : 18.11.2025 Uploaded on : 18.11.2025 WP(C) No. 1796/2019 CM Nos. 3282/2025 &

5360/2025 c/w WP(C) No. 172/2020 CM No. 287/2020 Jammu College of Physiotherapy, Nardani, Raipur …..Applicant/Petitioner Through: Mr. Dhruv Pant, Advocate.

Vs State of J&K & Ors.

.….Respondents Through: Mr. Sumeet Bhatia, GA Mr. Rajnish Raina, Advocate.

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

JUDGMENT

WP(C) No. 1796/2019

01. The institution of the writ petition on 14.05.2019 by the petitioner-Institute – Jammu College of Physiotherapy proceeded upon a cause of action when with respect to Bachelor of Physiotherapy (BPT) Course for the year 2017-18, the petitioner-Institute had come to admit eleven(11)

candidates under Management Quota by reference to which admission of eight (8) candidates was objected to have been one below cut-off merit (65 marks) prescribed by the respondent No. 2 – J&K BoPEE.

02. Said eight (8) candidates under the Management Quota for BPT Course 2017-18 were as under :-

1. Maroofa Sultana.

2. Mustafeez Asad Sheikh.

3. Raghvi Mahajan.

4. Nazrana.

5. Pavleen Kour.

6. Safia Mushtaq.

7. Akshita Khajuria &

8. Ruksana Bano.

03. When the objections from the end of the respondent No. 2 – J&K BoPEE and the respondent No. 4- University of Jammu with respect to the admission of above named eight (8) candidates came to be agitated and taken up, their first year course study had already begun keeping in view which this Court, in terms of very first order dated 14.05.2019 came to show indulgence with a direction that said eight (8) candidates pursuing their BPT Courses in the petitioner- Institute under Management Quota for the session 2017-18 be permitted to appear in the BPT 1st Prof. Examination (Regular Session) May – June, 2019 for which the date sheet had been issued on 05.04.2019 prior to the institution of the writ petition on 14.05.2019

04. The institution of writ petition by the petitioner in essence was and is to salvage the admission of said eight (8) candidates made under Management Quota which admission was being objected to by the respondent No. 2 – BoPEE and the respondent No. 4 – University of Jammu on account of cut-off marks prescription which the petitioner-Institute objected to on the legal front that the prescription of cut-off marks/merit limit is not within the competence of the respondent No. 2 – J&K BoPEE by its very constitution and authority, as the Bachelor of Physiotherapy (BPT) being a course study does not fall within the domain of the respondent No. 2 – J&K BoPEE so as to be governed in terms of the admission and procedure therewith.

05. In this writ petition, the writ petitioner came forward claiming the following reliefs:-

“(a) An appropriate writ, order or direction in the nature of writ of mandamus declaring the condition of cut-off-merit for Ayush/BPT courses prescribed by the Respondent no.2 - Board at 65 marks for management quota seats in private professional educational institutions as indicated in the communication no. BOPEE/Sts./ MQ/BPT-JCP/2017 dated 03.01.2018, as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India.

(b) An appropriate writ, order or direction in the nature of writ of certiorari quashing communication no. Regn./l9/11386-88 dated 16.01.2019, communication no. Regn./19/l1539-40 dated 07.03.2019 and communication no. 19/1165-66 dated 28.03.2019 issued by respondent no.4 threatening cancellation of admission of 08 candidates who are pursuing their BPT courses in the Petitioner-College for the session 2017- 18 under management quota.

(c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondent no.4 to entertain the Registration Returns (RRs) of 08 candidates pursuing their BPT courses in the Petitioner- College for the session 2017-18 under management quota, to issue them their Roll numbers and to permit them to participate i