Reservation Must Reach Every Deserving Candidate, Cannot Be Eaten Away By Meritorious Reserved Category Candidate
Case: UT of J&K Through Chairman JKBOPEE Vs Dr Bhat Ab. Ubran Bin Aftab and Others
Coram: Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal
Case No.: LPA No. 140/2022
Court Observation: “The Section 10 in clear and unambiguous terms, provide that there shall be no bar for admission of a member of reserved category against the seat other than or in addition to one reserved for him under Section 9, if such candidate is found qualified for admission on merit as compared with the candidates of the open merit/general category”
“Since, the petitioner was left out not because of his Act or omission, but due to the fault attributable, exclusively to the Board which failed to act strictly in conformity with the Rule 17 and deprived a meritorious candidate of his right to seek admission in the PG Course in MDS, we do not find any infirmity or illegality in the judgment/final order”
“we do not find any fault with the observations of Single Judge and, thus, the ground of the appellants that the petitioner has failed to array the affected persons as a party respondent does not hold good as no prejudice has been caused to any contesting candidate for the current session”.
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Keywords
Meritorious Reserved Category,
