Excelsior Correspondent
JAMMU, Mar 26: High Court today directed the Board of Professional Entrance Examination to conduct counseling of petitioners and other candidates for NEET PG-2018 in accordance with un-amended Rule 17 of J&K Reservation Rules, 2005.
The direction was passed in a petition challenging SRO-49 dated January 30, 2018 issued by the Social Welfare Department to the extent it intends to amend Rule 17 of the J&K Reservation Rules, 2005.
After hearing Senior Advocate Sunil Sethi with Advocates Veenu Gupta and FS Butt for the petitioners, Justice Tashi Rabstan allowed the petition and quashed Public Notice bearing No. 006-BOPEE of 2018 dated 03.02.2018 to the extent it pertains to Note No.7.
Justice Rabstan also directed respondents to conduct counseling of the petitioners as well as other candidates, who competed in the process of National Eligibility Entrance Test PG 2018 in accordance with un-amended Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 and allocate the disciplines/streams/colleges strictly by following the provisions of un-amended Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 in accordance with their respective merit secured by them in the NEET-PG 2018.
According to the petitioners, National Board of Examination issued a notification for admission to MD/MS Graduate Diploma Courses 2018-Academic Session. The candidates, possessing MBBS Degree/provisional MBBS pass certificate from a Medical College/Institute, duly recognized as per the provisions of Medical Council Act and having completed one of internship or are likely to complete the same on or before 31.03.2018, were eligible to apply for NEET-PG 2018 through Online Application System.
The date for submission of Online Application Forms was fixed as 31.10.2017 to 27.11.2017. The date of examination was notified as 07.01.2018. And the date of declaration of result was shown as 31.01.2018. The BOPEE vide Notification No.76 dated 02.11.2017, circulated instructions regarding NEET-PG 2018, for filling up of forms-category and other certificates.
The notification also contains that BOPEE will notify the schedule for registration/online registration of eligible candidates, only after result of NEET-PG 2018 is declared by the National Board of Examination. It is stated that J&K BOPEE issued a Public Notice bearing No. 006-BOPEE of 2018 dated 03.02.2018 intimating thereby that the eligibility of the candidates shall be determined in accordance with the amended Rule 17 issued vide SRO 49 of 2018 dated 30.01.2018 and any other amendment as may be carried out till the issuance of Information Brochure.
As per the petitioners, at the time of initiation of NEET-PG 2018—October 2017, Rule 17 of J&K Reservation Rules, 2005, was applicable and in terms of Rule 17, the candidates selected against the Open Merit Seat are to be considered for allotment of discipline/stream/college allocable to them in their respective categories on the basis of their merit and preference.
The resultant discipline/stream/college in Open Merit Category is required to be allotted to the Reserved Category candidate, who gets selected consequent upon Reserved Category candidate getting selected in the Open Merit Category. As such in terms of Rule 17, the candidates belonging to Reserved Category are protected and provided the benefit of reservation in a realistic and bonafide manner.
But the respondent during the period when NEET-PG 2018 was underway/midway and after declaration of the result of the Entrance Test and before holding of counseling, has amended Rule 17 of J&K Reservation Rules, 2005, vide Notification/SRO 49 of 2018 dated 30.01.2018. In view of the change/amendment of Rule 17, the candidates, belonging to Reserved Categories as only left-over disciplines/stream/colleges, who are not to the liking of the candidates belonging to Open Merit Category and other Reserved Category, who, because of their higher merit, get disciplines/ streams/colleges of their choice, shall be allocated to petitioners and other category candidates.
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