HARBAKASH SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) VIDE Notification No. 14 -CAEE of 2001 dated 11.1.2001, the Competent Authority Entrance Examinations, Jammu allotted a seat in MD Anaesthesia to the petitioner Dr. Harbaksh Singh in Government Medical College, Jammu. However, vide Notification No. 13 -CAEF of 2002 dated 12.2.2002, the Competent Authority Entrance Examination rescinded order dated 11.1.2001 and reverted back the petitioner to Diploma Anaesthesia.

(2.) IN the present writ petition Order No. 13 -CAEE of 2002 dated 12.2.2002 is being challenged.

(3.) IT is not in dispute that the last Post Graduate Entrance Examination for admission to various medical courses in the State of Jammu and Kashmir was held on 31st Dec. 1995 and Ist January 1996. After that examination no other entrance examination took place till it was directed by the Honble Supreme Court by its order dated 6.9.2000 in Civil Appeal No. 4935 of 2000 Dr. Vikrant Parihar v. State of Jammu & Kashmir and others. It is also not in dispute that after the select list was issued of the examination held on Dec. 31, 1995 and Jan. 1, 1996, many of un -successful candidates, who had participated in 1995 Post Graduate Entance Examination continued to agitate for admission to various courses year after year, Petitioner was also one of the un -successful candidate and he also filed SWP No. 1742/99 in which he alleged that the Competent Authority Entrance Examination had not allotted any seat under Sports category. This Court disposed of the matter on 9.9.1999 with the direction to the Competent Authority to fill up the seats in Sports category after considering the interse merit. As the Competent Authority did not take any decision in the matter, a contempt petition was filed by the petitioner and the Chairman of the Competent Authority was asked to appear in person and explain the position. In view of the embrassing situation, the Competent Authority issued Order No. 53 of 2000 dated 8.2.2000 granting admission to Dr. Vipin Mangotra in MD Anaesthesia, because on merit in Sports category he was at number Ist, whereas petitioner, who was at number 2nd in the merit was given seat in Diploma Anaesthesia. Dr. Vipin Mangotra filed SLP in the Supreme Court with a grievance that he was entitled to admission in Radio Diganosis, but has been given admission in MD Anaesthesia. Pursuant to the direction given by the Supreme Court Dr. Vipin Mangotra was given admission in Post Graduation in Radio Diagnosis. In the meantime in Civil Appeal No. 4935 of 2000 Dr. Vikrant Parihar v. State of J&K, the Supreme Court after taking notice of the fact that no Post Graduate Entrance Examination had taken place after 1995 -96 and all such candidates who passed their MBBS Examination after 1996 have had no chance to compete and pursue post graduate courses in various disciplines of medicine, because candidates who had last participated in 1995 Post Graduate, examination continued to get selected for admission in various courses year after year, gave the following directions: (i) The Competent authority shall conduct an entrance examination for selection of Doctors for admission to Post Graduate Degree and Diploma Courses in different disciplines in the Medical Colleges in the State of Jammu and Kashmir on the basis of their merit. (ii) All eligible candidates whether in the earlier selection list or not shall be entitled to take part in the said entrance examination. (iii) Rules relating to reservation of seats to the extent permissible in law and applicable, shall be respected by the authorities at the time of making selections and admissions."