Excelsior Correspondent
SRINAGAR, May 1: Division Bench of High Court today maintained the writ court judgment with regard to counseling of the candidates for PG Medical Courses.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey said for the reasons recorded by the writ Court, the judgment is maintained.
DB, however, modified the judgment to the extent that the quashment of note 7 of public notice of BOPEE issued on February 3. Court said the note 7 shall remain restricted only to SRO 49 and not to SRO 48.
The writ court judgment has been challenged by the candidates in which Single Judge has concluded that SRO 49 of 2018 has been notified on 31.01.2018 in terms of which Rule 17 of J&K Reservation Rules, 2005, has been substituted, shall not apply because at the relevant time same had not come into existence, therefore, unamended Rule 17 of the J&K Reservation Rules, 2005, shall govern the process for MD/MS/PG Diploma Courses admission 2018.
Note 7 of the Public Notice bearing No.005-BOPEE of 2018 dated 03.02.2018 was quashed by the writ court with the directions to BOPEE to proceed in accordance with un-amended Rule 17 of the Jammu and Kashmir Reservation Rules, 2005, and allocate the disciplines/streams/colleges in accordance with the respective merit secured by them in NEET-PG 2018.
National Board of Examinations (NBE) issued Information Bulleting for National Eligibility cum Entrance Test (Post Graduate) for admission to MD/MS/Post Graduate Diploma Courses, 2018 Admission Session. Same had been made available on 30th October, 2017. Online registration for NEET-PG 2018 commenced with effect from 31st October, 2017 and ended on 27th November, 2017.
The writ petitioners aggrieved by the application of said substituted Rule 17 filed writ petitions praying that appropriate writ, order or direction be issued for declaring notification SRO 49 of 2018 dated 30th January, 2018 issued by the Government in the Social Welfare Department to the extend it tends to amend Rule 17 of the J&K Reservation Rules, 2005, being totally illegal, arbitrary and ultra vires the J&K Reservation Act, 2005 and constitutional guarantees of the petitioners and authorities be directed to conduct counselling of the petitioners as well as various other candidates competed in the process of National Eligibility Entrance Test PG 2018 in accordance with un-amended Rule 17 of the J&K Reservation Rules, 2005 and allocate the discipline/stream/college to the petitioners strictly by following the provisions of un-amended Rule 17 of the J&K Reservation Rules, 2005 in accordance with their respective merit obtained by the petitioners in the NEET-PG 2018.
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