ALISHA KOUR Vs. STATE OF J&K

JUDGEMENT

(1.) This is third round of litigation between two candidates vying for admission to M.B.B.S Course at Sher-e-Kashmir Institute of Medical Sciences, Soura (SKIIMS). Ms. Alisha Kour, the candidate selected under Sports Category for the aforesaid course and J&K Board of Professional Entrance Examination (BOPEE) through medium of two separate Letters Patent Appeals registered as LP AOW No. 44/2010 and LPAOW No. 101-S/2010, question the Writ Court Judgment dated 14th July, 2010 in OWP No. 799/2009, whereby the Writ Court has set aside admission of Ms. Alisha Kour ------appellant in LPAOW No. 44/2010 to the MBBS Course and directed the respondent to consider the case of petitioner in the writ petition-respondent no. 3 in the LPAOWS No. 44/2010 and 101-S/2010 for change of course from BBS to MBBS.

(2.) Before summarizing the grounds set out in the appeals, it would be appropriate to have a closer look at the background facts.

(3.) The appellant-Alisha Kour and the respondent-Umar Jan Mir, having passed 10+2 examination in Science subjects responded to the notification issued by BOPEE on 01.06.2009 inviting applications for admission to various professional under-graduate/medical/non medical courses. Both the candidates claiming to have ''outstanding proficiency in Sports'' sought admission under Sports category. It is pertinent to mention that out of 249 M.B.B.S seats available, 125 were to be filled up in open merit category and 124 from reserved categories and two per cent of the seats i.e. 5, were reserved for the Sports category. The BOPEE after Common Entrance Test was conducted vide Notification No. 45 BOPEE of 2009 dated 27.07.2009 notified the select list of the candidates, wherein the appellant Alisha Kour was shown to have obtained 122 marks in Common Entrance Test and selected for M.B.B.S course under ''Sports category''. The respondent no. 3-Umar Jan Mir did not find place in the select list and it was only after the respondent approached the BOPEE with a representation that the BOPEE vide Notification NO. 51-BOPEE of 2009 dated 12.8.2009 notified selection of respondent no. 3 for admission to BDS Course in Government Dental College, Srinagar. The petitioner not satisfied with his admission to BDS course, once again approached the BOPEE with the representations dated 30th July, 2009 and 28 August, 2009 insisting that as he had superior merit as against the appellant Alisha Kour, the select list as it related to ''Sports category'' be reviewed and corrected in exercise of powers detailed in Information Brochure and the respondent admitted to M.B.B.S course. The efforts made by the respondent having not borne any fruit, the respondent-Umar Jan Mir filed a writ petition registered as OWP No. 799/2009.