ARSHAD IQBAL Vs. STATE

JUDGEMENT

(1.) This is a petition for issuance of writ of certiorari quashing item No. 6 : 3 of the Brochure which requires the candidates applying under a particular reserved category to annexe with the application form the concerned category certificate. A further direction in the form of mandamus is also sought whereby respondents may be directed to consider the petitioner for admission to M.B.B.S. Course for the Session 1996-97 under the Reserved Category of S.T.G.B.

(2.) Respondent No. 2 invited applications for admission to M.B.B.S. Course in the Medical College, Jammu and Srinagar vide Notification No. 11-CAEE (MBBS/BDS/ SGR of 1996 dated 15-7-1996. Last date, in terms of the Notification for submission of forms was 14-8-1996. The petitioner applied vide Form No. 11367, under Open Merit and scored off the option for being considered under reserved category as per SRO 126 of 1994, as amended from time to time. Petitioner's form was accepted. After the cut of date fixed for filling up the forms (14-8-1996), he wanted that his case should be considered under SRO 126 (supra) as he belonged to the Scheduled Tribe, of Gujjar and Bakarwals.

(3.) Para 5 of the Advertisement Notification reproduced the condition laid down in item 6:3 of the concerned Brochure, that the reserved category certificate should be enclosed with the form in case consideration under such category is sought and in absence of enclosing such certificate the candidate would be considered only in the Open Merit. This condition which lays an impediment in the way of the petitioner to seek consideration under the reserved category, according to the petitioner, was relied upon by the Competent Authority and his plea for such consideration was rejected. This is how this petition has been filed. The petitioner has, of course, made a prayer for annulment of such condition.