PRATEEK GOEL Vs. BPEE

JUDGEMENT

(1.) THE Jammu and Kashmir Reservations Rules, 1994 inter alia envisage reservation in Professional Institutions including the children of Para Military Forces/State Police Personnel and relevant to the case is rule 23, which reads:

(2.) IT is clear from a plain reading of the rule that 1% of the seats is reserved for children of Para Military forces (for short PMF). The petitioner as also the respondent No. 4 being sons of PMF responded to the Notification No. 19 -BPEE of 2005 dated 14.05.2005 issued by the Board of Professional Entrance Examinations (for short BPEE) inviting applications from the eligible candidates to appear in Common Entrance Test for selection to various professional courses including MBBS/BDS under the PMF category. The performance in the lest begot 169 to the petitioner as also to the respondent out of 225 marks. The former being better in merit in Biology subject came to be selected and admitted to the MBBS course under the PMF category, by dint of rules, consequently attended the classes from day one i.e. 01.08.2005. The respondent No.4, for the first time, registered his grouse against the selection of the petitioner through writ petition (OWP 609/05) filed on 20.09.2005. By that dale the petitioner had pursued the course for more than 1 1/2 months. The orders passed in the said petition are reproduced hereunder:

(3.) IT is seen from the orders reproduced above that Mr. Natnoo, Advocate shown for the respondents represented the BPEE only and not the respondent No.4, obviously, the petitioner herein had gone unrepresented and upon accrual of knowledge of the judgment he sought its review by medium of review petition 8/05 decided on 10 -10 -2005 by following order: