Excelsior Correspondent
SRINAGAR, June 16: Supreme Court of India dismissed the Special Leave Petition filed by BOPEE against the judgment of Jammu and Kashmir High Court in which a candidate was allowed to join his post graduation course in surgery.
“Exception from filling certified copy of the impugned judgment (by Division Bench of the High Court) is granted. Heard the counsel for the parties and perused the relevant material, SLP is dismissed”, reads order of Supreme Court bench comprising of justice R K Agrawal and Justice Deepak Gupta after hearing advocates Ramesh Kumar Mishra, Nasir Qadri for aggrieved candidate as well as counsel representing the J&K BOPEE.
The candidate Dr Shahnawaz Hassan completed his MBBS course from ASCOMS in the year 2012 and was selected for the course of MS General Surgery in GMC, Jammu. He took admission on ending May 2016 and left for valley to celebrate Eid with his family on 4-7-2016 after taking leave. However, after 09-7-2016, the situation became unstable and curfew was imposed in the valley as such he could not leave the home town to attend the course resulting into cancellation of his admission.
Meantime, on October 2016, he submitted the form for National Eligibility-cum-Entrance Test (NEET) which was to be held in December 2016 and subsequently he appeared in the NEET exams and thereafter the result was declared on 15-01-2017 and he qualified the test. Applying SRO 8 of 2005 the J&KBOPEE declared him ineligible for seeking admission in the post graduation course in view of the SRO, as he has not completed his post graduation course.
Being aggrieved by the order of BOPEE, Dr Hassan approached the court for setting aside the decision of BOPEE for canceling his admission, but the single bench of High Court dismissed his plea.
The single bench order was challenged before the Division Bench.
However the court held that the said SRO does not apply to the instant case as the candidate has taken admission in the course but not completed the same as he was not pursuing post graduation when he applied for NEET. Accordingly, DB directed BOPEE to permit the appellant to take admission.
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