Excelsior Correspondent
JAMMU, June 24: A Division Bench of J&K and Ladakh High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has directed Board of Professional Entrance Examination (BoPEE) to admit Eva Kumari for MBBS course in Government Medical College, Jammu in the next academic year.
This order has been passed in an appeal filed by Chairperson J&K Board of Professional Examinations Jammu challenging the order of writ court whereby BoPEE was directed to accommodate Eva Kumari for the ongoing MBBS course in the Government Medical College, Jammu.
The DB, after hearing both the sides, observed, “if we accept the contention of the appellants and deprive respondent, a Scheduled Tribe female student, an opportunity to undergo MBBS course, just because of technical failure of online transaction, we would be failing in our constitutional obligation to uphold the majesty of the Constitution, and more particularly Article 14 and 15 of the Constitution of India”.
“After having gone through the judgment passed by the writ court, we find that the writ court has rightly considered the matter but at the same time, we find that in view of the judgment of the Apex Court in S Kishna Sradha Versus State of Andhra Pradesh and others, respondent was required to be admitted for MBBS course in Government Medical College, Jammu in the next academic year, as the admissions stand already completed and the students have already undergone the course for more than 8 months”.
Accordingly, the DB modified the judgment of the writ court to the extent that the appellants shall admit respondent for MBBS course in Government Medical College, Jammu in the next academic year and they shall take up the matter with the concerned authority to increase one seat of MBBS under the ST(ii) category for the next academic session.
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