TASEEN NAIZ MALIK Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner filed the present writ petition seeking a direction for his admission in MBBS course in Government Medical College, Chandigarh against Central Pool Quota seat allotted to the Union Territory of Jammu and Kashmir.

(2.) The learned counsel for the petitioner submitted that the petitioner appeared in NEET examination in the year 2019. He secured All India Rank of 121456. Vide communication dated 16.08.2019 issued by the Ministry of Health and Family Welfare, Government of India, four seats were allotted in MBBS Course from the Central Pool Quota to Jammu and Kashmir, for the academic session 2019-20. Out of that, one seat was in Government Medical College, Chandigarh, whereas three others were in different colleges located in Bihar, New Delhi and Rajasthan. In pursuance to the aforesaid communication, J&K Board of Professional Entrance Examination (for short "BOPEE?) issued notice on 29.08.2019 inviting applications from the eligible candidates to be nominated against the aforesaid four seats, wherein the criteria was also laid down. The last date fixed for submission of applications was September 05, 2019. The petitioner being eligible in the categories specified, applied for the same. Vide communication dated 27.09.2019, the petitioner was allotted the seat in Government Medical College, Chandigarh (for short "the Medical College?). The aforesaid letter was sent to the college with copy to the petitioner.

(3.) After receipt of the aforesaid communication, the petitioner immediately approached the college. He was informed that there is no seat vacant, as one seat available with the college has already been filled up in view of the direction of Hon?ble the Supreme Court in SLP(C) No. 18535/2019 titled Aastha Raj v. Government Medical College and Hospital and another, decided on August 16, 2019. The petitioner was communicated the reason for his non-admission by the college vide communication dated 01.10.2019. This has reference to the aforesaid order passed by Hon?ble the Supreme Court. The petitioner claims that he received the aforesaid communication on 10.10.2019.