COMPETENT AUTHORITY, ENTRANCE EXAMINATION Vs. RAJESH PANDITA

JUDGEMENT

(1.) THIS shall dispose of LPA(OW) No. 18/2003 directed against the judgment dated 11.10.2002 of the learned Single Judge passed in OWP No. 692/2002 whereby writ petition filed by Rajesh Pandita has been allowed and the Competent Authority has been directed to admit him against the payment seat which became available during the councelling. LPA No. 32/2003 has been filed by Wasim Rasool, who was the last candidate selected for MBBS payment seat. Because of the order passed by the learned Single Judge in OWP No. 692/2002 Wasim Rasool will have to vacate the seat occupied by him. It may be stated that Wasim Rasool was not made a party to the writ petition (OWP No. 692/2002) filed by Rajesh Pandita. Wasim Rasool, too had filed a writ petition in the Srinagar Wing of the High Court and by an interim order Acharya Shri Chandra College, Sidhra, Jammu was directed to issue roll number to Wasim Rasool so as to enable him to attend the classes. Since Wasim Rasool is going to be affected by the judgment of the learned Single Judge passed in OWP No. 692/2002 he has been permitted to file LPA against the said judgment.

(2.) BRIEFLY stated the facts of the case are that Competent Authority Entrance Examination, J&K; conducted Common Entrance Test for filling the seats to the MBBS/BDS/B.Sc(Agri) and other disciplines for the Session 2002. There are four Medical Colleges for admission to MBBS Course and one Dental College for admission to BDS Course. Out of four medical colleges two are private colleges. For the students having permanent resident certificate the allotment of seats is as under:

(3.) IN the Common Entrance Test Rajesh Pandita secured 177 marks and Wasim Rasool secured 176 marks in medical stream. Rajesh Pandita had given 1st choice for MBBS Course, Second and third choices, for BDS and BAMS Course respectively and Wasim Rasool gave 1st choice for MBBS, 2nd for BDS, 3rd for B.V.Sc and 4th choice for BAMS Course.