JAMMU, Aug 17: In a SLP filed by University of Jammu, Supreme Court of India has issued notice to ASCOMS through its Director and J&K Board of Professional Entrance Examination (JKBOPEE) through its Chairman for unilaterally shifting/admitting a candidate, who didn’t figure in the merit list, against a stray vacancy in the open merit list without obtaining the approval of BOPEE, which is a regulatory body charged with the conduct of exams and regulation of admissions.
The University of Jammu through the medium of SLP has raised before Supreme Court an important question of law of general public importance to the extent that whether a student who illegally obtains admission to an open merit category MBBS seat in violation of applicable law would be entitled to have the same regularised in contravention of law.
The University has also raised question regarding true scope and effect of decision of Supreme Court in Mridula Dhar’s case and the criterion to be followed by various colleges regarding granting admission against “stray vacancies” and which category of vacancies can be treated as “stray vacancies”. The University has further sought to know whether the decision of Supreme Court in Mridula Dhar’s case permits a medical college to bye-pass the established procedure of admission in the guise of filling up the “stray vacancies”.
The SLP was filed before Supreme Court against the final order passed by Division Bench of J&K High Court whereby the court refused to interfere with the interim order passed by Single Judge. The Single Judge, while admitting the writ petition filed by Nuzhat Jabeen had permitted the candidate to pursue her MBBS Course and appear for supplementary examination for the 1st year MBBS Course at her own risk and responsibility despite the fact that her admission to open merit category seat was wholly illegal and in violation of applicable rules and regulations.
It was the specific case of the University that decision of college in shifting a candidate from NRI quota seat to open merit category without the concurrence of BOPEE and University by ignoring the merit was illegal. It has been pleaded by the University in the SLP that in the event of a candidate failing to join seat the same is required to be allotted to next candidate in the order of merit and choice through counselling for such upgradation but the college bye-passed all the norms and transferred the candidate from NRI to Open Merit.
After hearing Advocates Wasim Sadiq Nargal and Raj Shekhar Rao on behalf of University of Jammu and Advocate A M Dar for the candidate, Supreme Court bench comprising Justice A K Patnaik and Justice Jagdeesh Singh Kehar issued notice to respondents.