SIMRAN SHARMA Vs. J&K BOPEE AND OTHERS

JUDGEMENT

(1.) Petitioner, Simran Sharma, appeared in the National Eligibility Entrance Test (NEET) in RBA category conducted by the Central Board of School Education (CBSE), result whereof was declared on 23.06.2017. She secured 348 marks out of 720 with All India ranking 1,22,795. After declaration of the NEET result, the Jammu and Kashmir Board of Professional Entrance Examination (BOPEE), which is the Competent Authority, herein respondents 1 and 2, issued Public Notice No. 046-BOPEE of 2017 dated 24.06.2017 asking the eligible candidates to submit their documents in BOPEE Office as per the schedule given therein. Thereafter the BOPEE prepared the Provisional State Merit List and published the same vide Notification No. 075-BOPEE of 2017 dated 19.07.2017. In the State ranking, petitioner figures at Serial No. 1425 under Roll No. 903201694 in RBA category having secured 348 marks. On the other hand, the private respondent, Punica Rathore, figures at Serial No. 1647 under Roll No. 903202249 in RBA category having secured 335 marks. This factual position is not denied by the BOPEE and in that admittedly the petitioner is higher in rank than the private respondent.

(2.) The BOPEE conducted the Ist round of counselling online and on the basis of merit and preferences notified the select list of candidates for admission to MBBS/BDS courses in various Colleges of the State. Petitioner and the private respondent could not get admission in any college in the Ist round as the last selected female candidate under the RBA category was the candidate, who had secured 350 marks with State ranking as 1317. In the Notification dated 03.08.2017, it was mentioned that "the unfilled seat(s), if any, including those unfilled seats under Hindu Minority Quota in ASCOMS and NRI Quota in ASCOMS and IDS shall be filed up in the next round of counselling for which the date(s) shall be notified separately." The Notification also required the colleges to submit the shortfall, if any, by 09.08.2017 up to 06.00 P.M. to enable the BOPEE to take further necessary action in the matter. After publication of the Notification dated 03.08.2017 (supra) the BOPEE issued Notification No. 091-BOPEE/2017 dated 10.08.2017 thereby fixing the schedule for counselling for up-gradation and filling up of the shortfall (unfilled/vacant seats) in Medical/Dental Colleges and unfilled seats under Hindu Minority Quota and NRI Quota in ASCOMS and NRI quota in IDS. It appears the short fall from various colleges was not reported by that time and the notification provided that the short fall, if any, would be as on 12.08.2017. By virtue of the said Notification, the dates for holding the physical counselling for filling up of the short fall/vacant seats in Medical/Dental colleges were fixed as 14th, 16th and 17th August, 2017. This Notification provided also that the candidates desirous of participating in the physical round of counselling shall be required to register themselves in the Board Office, Srinagar/Jammu on 14th, 16th and 17th of August, 2017 between 08.30 A.M. to 10.00 A.M. on "daily basis." After and in continuation with Notification dated 10.08.2017, the BOPEE issued Notification No.093-BOPEE of 2017 dated 12.08.2017 indicating the seat matrix available for the physical round of counselling that included one seat in BDS under RBA category (female) in Government Dental College, Jammu.

(3.) The Boppe notified the select list of 100 candidates selected/up graded on the basis of the physical/up gradation counselling (second round of counselling) held on 14.08.2017 on the same day vide Notification No. 0595-Boppe/2017 dated 14.08.2017. In this list, the private respondent figures at serial No. 81, who was selected for BDS Course and RBA (female) in the Government Dental College, Jammu. What is, thus, clear and indisputable is that the lone seat available under RBA category (female) in the Government Dental College, Jammu was allotted by the BOPEE to the private respondent on 14.8.2017. on the basis of the counselling held on the same day even though she is lower in merit that the petitioner.