JAMMU, July 7: Division Bench of State High Court comprising Justice Dhiraj Singh Thakur and Justice M K Hanjura has held that granting admission beyond cut off date cannot sustain scrutiny of law.
These observations were made by the Division Bench in a LPA filed by BOPEE against the judgement and order dated October 25, 2017 delivered in the writ petition titled Dr Nazia Manzoor Versus State of J&K and others.
The Writ Court had directed the BOPEE to consider the case of the petitioner for allotment of the MD Radio Diagnosis seat and pass appropriate orders within one week.
The DB observed, “Supreme Court has unambiguously refused to extend the time for filling up the vacant seats in super-speciality, post-graduate and MBBS courses beyond the extent fixed by the Supreme Court—September 14, 2017”.
“In the instant case, the impugned judgement has been passed on October 25, 2017, which is totally beyond the time fixed by the Supreme Court and the cumulative effect of the foregoing discourse is that granting admission beyond the cut off date cannot sustain the scrutiny of law”, the DB said.
“Resultantly, the writ petition titled Dr Nazia Manzoor Versus State of J&K and others lacks in merit and as a corollary the impugned judgement dated October 25, 2017 is liable to be set-aside”, the DB said.