NASEEM CHAUHAN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking a direction to the official respondents to register her candidature for counseling for admission to MD/MS courses even after the last date fixed for registration i.e. 18.07.2020, in the mopping up round for filling up left over seats for MD/MS courses, had expired. After the writ petition was amended, further direction has been prayed for to change the discipline in which the petitioner was allotted seat i.e. MS Anatomy to MD Pathology or MD Social and Preventive Medicine/Community Medicine. However, the second relief is dependent on the first relief. In case the first is not granted, the second will become infructuous.

(2.) Mr. K.S. Johal, Learned Senior Advocate appearing for the petitioner submitted that the petitioner is a medical graduate already working as Medical Officer in Jammu and Kashmir. She belongs to ST category. She had appeared in the NEET (National Eligibility Entrance Test) examination and scored 232 marks. In the initial process of admission, she could not make up as the marks secured by her were less than the minimum criteria fixed. However, later on, the minimum marks required for admission to MD/MS courses, were reduced by the Ministry of Health and Family Welfare, Government of India. For reserved category candidates, to which the petitioner belongs, the marks were reduced to 20 percent for the academic year 2020, hence, the petitioner became eligible to seek admission.

(3.) The Board of Professional Entrance Examination (for short the "BOPEE"), issued Notice No. 40 dated 15.07.2020, clarifying that in the reserved category, the cut off score has been reduced to 230. The candidates who were falling within the revised cut off score and were willing to participate in the mop up round were required to register themselves in the office of the BOPEE at Jammu or Srinagar from 15.07.2020 to 18.07.2020 up to 2:00 P.M.