Excelsior Correspondent
JAMMU, Oct 2: In a Letters Patent Appeal (LPA) filed by Acharya Shri Chander College of Medical Sciences and Hospital against the interim order of Writ Court, Division Bench comprising Justice Virender Singh and Justice Janak Raj Kotwal today modified the Writ Court interim direction and ordered that entire selection of MBBS shall remain subject to outcome of the writ petition.
The petitioner Sourav Goel challenged before the Writ Court the Notification No.32-BOPEE of 2013 dated August 5, 2013, which pertains to short listing of candidates found eligible for undergoing MBBS, BDS, BAMS, BUMS, Physiotherapy and Diploma in Dental Hygiene Session, 2013, on the ground that for the Common Entrance Test (CET), the answer key as provided by the respondents contains various incorrect options besides other irregularities.
With these submissions, the petitioner sought directions to the respondents for selecting him for the course of MBBS for the session 2013-2014.
However, Writ Court, as an interim measure, vide order dated September 2, 2013 issued a direction to the effect that “respondents shall reserve one seat of MBBS Course of Session 2013-14. However, the respondents–ASCOMS filed LPA against the Writ Court interim direction.
After hearing Senior Advocate Sunil Sethi assisted by Advocate Ravi Abrol for the appellant whereas Senior Advocate DC Raina assisted by Advocates Arun Kumar and Ananta Raina for petitioner Sourav Goel and Advocate Anil Sethi appearing for the BOPEE, Division Bench observed, “if the plea of Sourav Goel sustains in the Writ Court, likely result may affect the entire selection process”.
“In that case, reserving one seat will be neither feasible nor useful. Interest of the writ petitioner in the writ petition rather can be well guarded if entire selection process is made subject to outcome of the writ petition”, the DB said.
Accordingly, the DB modified the interim direction issued by the Writ Court and ordered that entire selection process shall remain subject to outcome of the writ petition filed by the petitioner.
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