Excelsior Correspondent
JAMMU, July 21: In a significant ruling, the Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has quashed Order No. 090-JKBOPEE dated August 31, 2024, whereby the admission of petitioner Sakhavat Ali to the MDS course at Government Dental College and Hospital, Srinagar, was cancelled by the J&K Board of Professional Entrance Examinations (BOPEE).
The judgment came in response to a petition filed by Sakhavat Ali, who sought the quashment of the impugned cancellation order and requested that he be allowed to continue in the MDS course. His admission had been cancelled on the grounds of non-submission of his BDS Degree and Migration Certificate.
The DB observed that the petitioner was granted time through orders dated October 16 and November 26, 2024, to obtain and submit the required documents. He submitted the same on December 12, 2024, but BOPEE rejected his representation on December 18, 2024, stating that he had failed to comply with the August 20 deadline.
It was also argued that he did not submit the Dental Council of India Registration Certificate, although the initial cancellation order was not based on this ground.
Importantly, the Division Bench noted that the authenticity of the documents submitted by the petitioner was never disputed by BOPEE.
“The BDS qualification of the petitioner, however, is currently under judicial scrutiny before the Rajasthan High Court in Writ Petition No. 174/2023”, the DB said, adding “the petitioner’s BDS Degree was not obtained after the cut-off date, and he had initially submitted a provisional certificate, now authenticated by the degree”.
The Bench also pointed out that the MDS seat allotted to the petitioner has remained unfilled to date, indicating that no prejudice would be caused by allowing him to continue. In order to strike a balance between the contesting interests, the Division Bench held, “the cancellation order is quashed, and the petitioner is permitted to continue in the MDS course”.
However, the DB made it clear that if the petitioner fails before the Rajasthan High Court and loses the BDS qualification, his MDS qualification shall be rendered invalid in the eyes of law.
Follow our WhatsApp channel
