FAIZA CHOUDHARY Vs. STATE & ANR

JUDGEMENT

(1.) The petitioner after passing her 10+2 examination from the Board of School Education in the year 2010 responded to a notice issued by Board of Professional Entrance Examination (BoPEE), respondent no. 2 herein, inviting applications from eligible candidates for various courses in professional colleges including the government and private medical colleges of the State.

(2.) The petitioner applied under STGB (Schedule Tribe Gujjar Bakarwal) category and admittedly obtained 117 marks in the Common Entrance Test conducted by respondent no. 2 and on the strength of her merit was declared eligible for counseling for MBBS course and other professional courses. It is pertinent to point out that number of seats set apart for STGB category was 15 and 7 seats each had to go to male and female candidates. The odd seat in the year 2010 was to go to a female candidate. The cut off merit in the STGB category for MBBS course was 121 and the petitioner obviously had not such merit as would entitle her to be amongst seven female candidates to be selected for MBBS course under STGB category. The petitioner would get MBBS seat only in case four female candidates ahead of her under STGB category namely Nusrat Rashid, Mehrul Nisa, Farah Chowan and Abida Parveen who obtained 121,118 (Mehrul Nisa and Farah Chowan) and 117 marks respectively in the Common Entrance Test, would decide not to opt for the MBBS course under STGB category leaving room for the petitioner.

(3.) However, the odd seat under STGB category for MBBS course earmarked in the year 2010 for female candidate was not given to Nusrat Rashid with 121 marks because of order dated 4th August 2010 in OWP no. 806/2010 titled Azhar Navid v. State and others.