HIMSHEE MANSOTRA Vs. STATE OF J&K

JUDGEMENT

(1.) Pursuant to Advertisement Notification No. 02-BOPEE of 2015, dated 16.02.2015, Respondent No. 2 invited applications from the candidates interested in appearing in the Common Entrance Test (GET) 2015 for admission to various professional courses viz. MBBS/ BBS/ MABS/ MUMS/ Physiotherapy/ Diploma Dental Hygiene/B.E. Petitioner was an outstanding sports person in the sports of Badminton having participated in various events including national events. She after fulfilling the eligibility criteria being sports personnel pursuant to the aforesaid. Notification applied for appearing in the Common Entrance Test, 2015 by filling up her online application form under sports category. On filling up the online application form, a provisional confirmation page came to be issued in her favour allotting application No. as 3BOP1518510 wherein the category shown to be applied by petitioner is 16, i.e., candidates possessing outstanding proficiency in sports. Respondent No. 2 thereafter issued provisional electronic Admit Card allotting Roll No. 10904237.

(2.) It is contended that as per the Advertisement Notification aforesaid, the candidate applying under sports category were required to submit their sports certificates in the office of the Secretary, J&K Sports Council (hereinafter called as Sports Council) for determining their sports points which will be afterwards officially forwarded by the J&K Sports Council to the Board of Professional Entrance Examination (hereinafter called as "BOPEE"). It is further contended that this condition as contained in the Advertisement Notice dated 16.02.2015 is totally contrary to the provisions of law inasmuch as for determining the sports points of a candidate, who has applied under sports category, it is the responsibility and duty of Respondents 2 to 4. However, Respondents 2 to 4 instead of performing their duties of getting the sports points of the concerned candidate determined from the Sports Council, have shifted the said obligation upon the concerned candidate.

(3.) Petitioner appeared in the Common Entrance Test and thereafter Respondents 2 to 4 declared her result and shown her ranking at Serial Number 1181. She was declared to have obtained 90 marks out of 177 marks, percentage of which is 50.85%. However, it is contended by the petitioner that no points on account of sports category were awarded to her. In this regard, she approached Respondents 2 to 4 and requested them to alter her merit position by awarding necessary sports point to her, but the said request of the petitioner was not at all entertained on the ground that petitioner should have obtained the sports points from the Sports Council as per the impugned condition envisaged in the Advertisement Notification. Hence, this petition on the grounds taken in it and with the following prayer:-