J&K&L High Court Grants ₹5 Lakh Compensation To Reserved Category Candidate Denied Seat In NEET MDS 2021, Asks BOPEE To Keep One Seat In Next Session
Case: Bhat Ab. Urban Bin I Aftaf & Ors. V UT of Jammu and Kashmir and others
Coram: Justice Sanjeev Kumar
Case No.: WP (C) No. 2020/2021
Court Observation: “There were in as many as 21 seats of MDS in the Open Merit category… Dr. Rasiq Mansoor being at serial No.5 was entitled to be considered in the Open Merit, though he had the option of taking the benefit of his reserved category status for the purpose of making the choice of the discipline/College. However, this could not be construed to give a right to the Board not to select any candidate in the category of CDP/JKPM, for which one, out of 42 notified seats, was reserved.”
“aggregate reservation provided to the category does not exceed. As per Rule 17, MRC who chooses to avail of option of admission in a particular stream from the pool of reserved categories is deemed to have been admitted as a General Category Candidate. MCR will continue to be a General Category Candidate for the purpose of counting the quota for reserved category.”
“Admittedly, the BOPEE has not conducted such exercise. It committed an illegality in not pushing the Petitioner No. 1 up to be selected under the category of CDP/JKPM.”
“It is true that the aforesaid judgement was rendered in the context of MBBS Course but I see no reason not to extend the benefit of the said judgement to PG Courses as well…”
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