Merit-cum-preference criteria govern admissions; established procedures must be followed without reopening processes post-allocation.

1. The petitioner, a NEET - PG 2020 qualified Doctor, who, on the basis of her merit position in the NEET 2020, aspired for MD in the discipline of Ophthalmology at Government Medical College (GMC), Jammu, but got admission to MD in Pathology, has challenged Notification no.015 - BOPEE of 2020 dated 04.06.2020 issued by the Board of Professional Entrance Examination (BOPEE), to the extent thereby respondent no.5, who possessed lower merit than the petitioner, has been allotted the discipline of Ophthalmology. She has sought the consequential reliefs as well.

2. Before narrating the facts of the case, it needs to be stated that by order dated 25.06.2020 this writ petition had been ordered to be listed before the Division Bench to be heard alongwith LPA no.59/2020. On examination, it was noticed that the issues involved in the said LPA have no connection or relevance to the grievance projected in the present writ petition. On 20.07.2020, when the matter came up before the Court, the Court suggested that it should go back to the Writ Court for its decision. However, given the time schedule for closure of the admission process and the last date being 31.07.2020, the learned counsel for the petitioner prayed that it may be decided by the Division Bench itself instead of sending it down to the Writ Court. On the insistence of the learned counsel, this Court decided to retain the writ petition and proceeded to hear it. Consequently, by order dated 27.07.2020, after concluding the hearing of this writ petition, this Court ordered its delinking from LPA no.59/2020 and WP(C) no.992/2020 and WP(C) no.992/2020 was ordered to be listed before the learned Writ Court.

3. Precisely, the relevant facts are these: In the provisional select list issued by the BOPEE pursuant to NEET - PG 2020 (hereinafter the NEET), vide Notification no.007 - BOPEE of 2020 dated 10.04.2020, the petitioner figured at serial no.322 with a total score of 570. Her UT Rank was 322. Vide notification no.008 - BOPEE of 2020 dated 17.04.2020, the BOPEE notified the schedule for online filling up of preference for allotment of seats. The relevant portion of the aforesaid notification read as under:
a) Mock exercise 19.04.2020 to 20.04.2020
b) Filling up of preferences 21.04.2020 to 27.04.2020
c) Updating / changing of preferences, only on request, on mobile no.94194/9469012295 on 28.04.2020 (upto 02.00 p.m.).
It is not expressly stated what preferences did the petitioner give, but it is her case that during the first round of counselling, she was allotted a seat for undergoing MD in the discipline of Pathology, in GMC, Jammu. In 3 consequence thereof, the BOPEE issued Notification no.009 - BOPEE of 2020 dated 03.05.2020 regarding admission of the candidates to MD / MS / PG Diploma Course 2020. It is averred that name of the petitioner figured at serial no.314 of the notification with the discipline of MD, Pathology allotted to her. According to the petitioner, in the first round of counselling, one Paramvir Singh Chib, who was figuring at serial no.322 with UT Rank 332 under RBA category, was allotted the discipline of Ophthalmology.

4. It is further averred in the petition that, thereafter, the BOPEE in terms of Notification no.011 - BOPEE of 2020 dated 14.05.2020 decided to conduct the second round of counselling (up - gradation / allotment) through physical mode and it was notified that the Board shall invite tentatively only 100 candidates per day as per their UT Rank. This notif