BIAS DED Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) These two petitions being identical in nature involving similar issues of fact and law, are proposed to be disposed off by a common judgment.

(2.) The petitioners in both petitions claimed to be belonging to Scheduled Caste and Scheduled Tribe category and they want reservation to be provided for M.D./ M.S. / P.G. Diploma courses in the two Medical Colleges of the State at Jammu and Srinagar in tune with Rules 22, 23 and 25 of SRO 126 of 1994 read with Clause (4) of Art. 15 of the Constitution. Their grievance is that even as Part-4 of SRO 126 of 1994, dated 28th. June, 1994 provided for reservation to the extent of 8% and 6%. respectively for Scheduled Castes and Scheduled Tribes category the respondents were making selection to the M.D./ M.S/P.G. Diploma Courses pursuant to advertisement Notice No 14-C AEE/MD/ MS/DIP of 1995, dated 23rd September, 1994 in disregard of the mandate of the aforesaid provisions of the SRO and Art. 15(4) of the Constitution. They accordingly, seek a direction to the respondents to take in regard the reservations so provided, while making selection to the courses in question and for according them consideration in the reserved category of Scheduled Castes and Scheduled Tribes.

(3.) The all important question that arises in the circumstances is whether SRO 126 of 1994 (J and K. Reservation Rules of 1994) provides for a reservation for the Scheduled Castes and Scheduled Tribes for selection to the M.D../ M.S. / P.G. Diploma Courses in the two Medical Colleges of the State? The stand of the petitioners is that the controversial SRO does provide for such a reservation which is being disregarded by the respondents while making selection to the Post-Graduate Courses in the Medical Colleges of the State. The respondents on the other hand assert that no such reservation is provided by the SRO or any Rule or Regulation in force.