ZEENAT FAROOQ KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , a permanent resident of State of Jammu and Kashmir applied for selection to the M.D/M.S Course in the Jammu and Kashmir State for the year 2000 in Sports Category, pursuant to the Notification issued by the Competent Authority thereto. The list of candidates selected for Post Graduate seats (degree/ diploma) in the Government Medical Colleges of J&K was issued. Petitioner alleges that she had secured 169 marks and instead of being selected to the M.D. Course in Gynaecology and Obstetrics, for which she had applied, she has been given Diploma Course in this very discipline. Pursuant to SRO 282 of 2002, she was to be selected for MD seat as her case falls at Sr. No. 43 of the roaster point laid for the 100 seats to be filled in the Post Graduate Discipline. The right of petitioner has been ignored and at her cost two candidates Syed Nazir Ahmad, who belongs to RBA category and one Mushtaq Ahmad Zargar coining in Rural Service Category have been selected to MD Gynae and Obstetrics, though these two candidates figure at the roaster points after her.

(2.) RESPONDENTS 2 and 3 in reply have not denied that the petitioner has been allotted Diploma in MD Gynae under Sports Category, but it is denied that she has earned right to be selected in Post Graduate Course of MD in Gynae/Obstetrics. It is stated that the roaster points laid for the 100 seats under SRO 282, is not to operate in the case of petitioner, in as much as, the competent authority has clubbed all the categories in the face of number of seats available being less than the categorised candidates in respective disciplines. Under SRO 390 of 2000, 65% seats are meant for open merit cadidates and 35% for Reserve Category candidates. In the discipline of Gynae and Obstetrics in all 4 Degree and 9 Diploma seats were available, out of which 4 Degree seats have gone to the categories of SC/RBA/ST candidates who in between have to share the seats in the ratio of 4%, 10%, 5% and 10%. The sports category has 1% reservation. Selection of category candidates had to be made by clubbing in as much as, number of seats was far less than the number of categories. Petitioner was considered in terms of her merit and was allotted Diploma in Gynae/ Obstetrics discipline. No candidate with lesser merit than the petitioner in the Reserve Category has been given MD seat. Even, during counselling petitioner gave option for Diploma in Gynae/ Obstetrics, the reason for allotting her the seat. Petitioner in the face of merit of other Reserve category candidates and the quota, has been given her due, therefore, she has no grievance to make and the petition is not merited. Heard.

(3.) ALONG with the petitioner the other Reserve category candidates had applied and received consideration for selection to MD/Diploma Course in various disciplines. Sports category under which the petitioner came, had just 1 % reservation, whereas, the other category candidates have as much as 34% reservation. As among the various categories of SC/RBA/ST the ratio of reservation is 4%, 10%. 5% and 10%. Among the 4 Degree and 9 Diploma seats available in discipline of Gynae and Obstetrics, for the Reserve Category candidates, the 4 Degree seats have been given to categories with higher reservation seat and the remaining 9 Diploma seats have been shared by the Reserve Category candidates along with the petitioner. Petitioner who has just 1% reserve quota has earned one Diploma seat and no candidate with lesser merit than petitioner has been selected in the reserve category. Even, in counselling, the petitioner opted for the Diploma seat, as the categories have been clubbed after keeping in view that number of seats available were less than the roaster point categories in the particular discipline. Though petitioner has challenged the selection of one Nazir Ahmad, RBA category and another Mushtaq Ahmad Zargar of Rural Service Category, both have not been made party to the writ petition. In fact for that matter no candidate is made party to the writ petition. If petitioner is to get admission, it has to be at the cost of some other selected candidate as all the available seats for the PC Course in 2000 Session are already filled up. The petitioners claim of the seat has to be at the expense of some other candidate who has not at all been made a party. Obviously, the question of ousting the candidate in absence of his being a party and being afforded an opportunity, cannot be ordered. The petitioner is laying claim to Post Graduate Degree for the Session 2000. Presently we are in 2002. In between 2001 and 2002. selections have also been made of various candidates for different disciplines in Post Graduate and in Diploma Courses. Obviously, petitioner if given relief, will deprive the claim of others, who would be due for selection in the session here -after. Right of consideration of others, at least equally situated and circumstanced, as the petitioner, for selection to ensuing session in the various disciplines of Post Graduate/ Diploma Course in the Medical College would be defeated, in case petitioner is granted the claim and relief which she is praying for. (See with benefit. Shubana Ashraf Vs. State, 2001 SLJ 379).