OMER BASHIR ITOO Vs. STATE

JUDGEMENT

(1.) Respondent No. 2, 'Acharya Shri Chandra College of Medical Science and Hospital', (for short the College) is a Minority unaided Professional Education Institution in the State of Jammu and Kashmir. It imparts Medical Education at Graduate and Post Graduate level. The College is competent to grant admission under Non Resident Indians Quota (for short the NRI quota) up to 15 per cent of its total sanctioned intake both at Graduate and Post Graduate level.

(2.) The College vide its No. Assoc/CET/M&D/205 dated 11.02.2014 issued Admission Notice calling applications from eligible candidates for admission to two seats under the NRI quota in MS/MD courses, one each in General Surgery and Anaesthesia, for Academic Session, 2014-2015. The College uploaded the application form alongwith brochure laying down the conditions for the 'NRI/NRI Wards seats'. Last date of receipt of applications was fixed as 07.03.2014. Clause 4 of the brochure laid down the eligibility for admission under the NRI quota.

(3.) The Advertisement Notice/brochure also provided that selection under the NRI quota will be based on merit obtained in a Common Entrance Test to be conducted by Association of Private Unaided Medical and Dental Colleges of Jammu and Kashmir and that applicants will have to appear in and qualify the test with aggregate 50 per cent marks to be eligible for selection in order of merit.