AZHAN AZIZ Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Facts are not in dispute. Petitioner responded to Advertisement Notice dated 15/04/2014 issued by Board of Professional Entrance Examination (hereinafter the "Board") under Scheduled Tribe Gujjar Bakerwal Category (STGB). He appeared in Common Entrance Test (CET) 2014 conducted by the Board and ranked at Serial No. 1104. He having regard to the comparative merit of all the candidates, who participated under the aforementioned Category, was due to get selected for MBBS Course in Government Medical College, Srinagar. Shri Arshed Ali - respondent No. 4 herein, also, participated in selection process under STGB Category. He ranked at Serial No. 1824. He, because of lesser merit was not got selected for MBBS Course in Government Medical College, Srinagar.

(2.) Soon after result was declared, counseling schedule was published by the Board. Petitioner and respondent No. 4, in terms of Notification dated 30.06.2014, were to appear in counseling on 5th July 2014. Petitioner failed to appear for counseling on the specified date. Respondent No. 4, however, appeared for counseling on the date fixed and got selected for MBBS Course in Government Medical College, Srinagar as the petitioner did not attend counseling on the specified date, and MBBS Seat that would have gone to him, remained unfilled and was allotted to respondent No. 4.

(3.) Petitioner attended the Board Office on 7th July 2014, with a written application for permission to attend counseling. He was allowed to participate in counseling. However, he was allotted BDS Seat in Government Dental College, Srinagar. Had petitioner appeared in counseling on 5th July 2014, he would have been selected for MBBS Course in Government Medical College, Srinagar. As the MBBS Course for STGB Category was not available on 7th July 2014, and the seat had already been allotted to respondent No. 4, Petitioner was selected for BDS course in Government Dental College, Srinagar.