Excelsior Correspondent
JAMMU, July 26: State High Court has held that any person applying for any seat in BOPEE under sports category is required to submit his/her certificate to the Secretary, J&K Sports Council for awarding points which will be then officially forwarded to the Board.
It has further been held that Board shall not be responsible where a candidate fails to submit certificates to the J&K Sports Council or Sports Council fails to forward the points of a candidate to the Board and it would be sole responsibility of the candidate to ensure that his/her sports points are forwarded by the J&K Sports Council to the Board.
This significant judgment has been passed in a petition filed by Himshee Mansotra, who appeared in the Common Entrance Test and thereafter respondents declared her result showing her ranking at Serial Number 1181. She was declared to have obtained 90 marks out of 177 marks, percentage of which is 50.85%.
However, it was contended by the petitioner that no points on account of sports category were awarded to her. In this regard, she approached respondents and requested them to alter her merit position by awarding necessary sports point to her but the request was not at all entertained on the ground that petitioner should have obtained the sports points from the Sports Council as per the impugned condition envisaged in the Advertisement Notification.
Justice Tashi Rabstan observed, “as per Proviso-II a candidate applying under sports category and claiming outstanding proficiency in sports is required to submit his/her certificate to the Secretary, J&K Sports Council for awarding points which will be then officially forwarded to the Board by the J&K Sports Council”, adding “it is not the case of the petitioner that she had applied for evaluation of her sports points to the J&K Sports Council in compliance with Rule 6 for submitting her certificate within the stipulated period nor is it her case that J&K Sports Council had in any manner failed in its duty to forward her sports points to the BOPEE”.
“The challenge to the impugned condition of the Notification, which only gives effect to the statutory rules, cannot be sustained”, High Court said while dismissing the petition.
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