RIFAT BASHEER Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) Petitioner claims that she participated in NEET UG 2018 competition/examination for selection to various medical courses/colleges, conducted by Central Board of Secondary Education (CBSE). She, belonging to JKPM Category, had applied under said category. On 4th June 2017, CBSE declared result of NEET UG 2018. Consequently, respondent no.4 vide Notification no.057-BOPEE of 2018 dated 23rd June 2018, issued Tentative Score List (Provisional State Merit List of NEET UG 2018 candidate). According to petitioner, merit position of female candidates under JKPM Category including petitioner and respondent no.5 is infra: <FRM>JUDGEMENT_15_LAWS(J&K)8_2018_1.html</FRM>

(2.) Petitioner avers that respondent no.4, while issuing merit list, at para 07 thereof, in clear and unambiguous terms made a mention of the fact that category status of candidates, has been updated on the basis of Reservation Policy in vogue in the State of Jammu and Kashmir and that as per Reservation Policy in the State, at least, two female candidates require to be selected under Reservation Category of JKPM for MBBS Course in various colleges of Jammu and Kashmir State.

(3.) Respondent no.4 is said to have by subsequent notification bearing no.062-BOPEE of 2018 dated 6th July 2018, issued provisional admission list of candidates selected for undergoing MBBS/BDS Course in various colleges of the State, whereby it is abundantly clear that last female candidate selected under Open Merit (OM) Category for MBBS course is figuring at serial no.360, having obtained State Rank of 392 and score/merit of 440 points. Petitioner maintains that first three candidates of JKPM category, whose merit position has been given in the above Table, are figuring at serial no.135, 187 and 387, having obtained merit of 487, 475 and 440 respectively. All three candidates of JKPM Category are superior in rank and merit than last candidate selected in Open Merit Category. Petitioner claims that as per Reservation Rules and Reservation Policy, these three meritorious JKPM Reserved Category Candidates require to be selected in the OM Category, but official respondents have selected only first two candidates from JKPM Category, i.e. Saiqa Khan and Vaishali Bhadwal, in OM Category, while as respondent no.5, figuring at serial no.358 with State Rank 389, secured 440 points, has been selected for MBBS course under JKPM Category. Although respondent no.5, who has been selected for MBBS course under JKPM Category has also obtained more merit and superior rank than that of last candidate selected for MBBS course in OM Category, official respondents by application of Reservation Rules and Reservation Policy, have considered first two JKPM Category candidates, but the said Rules and Policy have not been properly applied by official respondents vis-&#224;-vis respondent no.5 and as sequel whereof, respondent no.5 has occupied one seat of JKPM Category, which as per Reservation Rules and Policy had to be given to other candidate, belonging to JKPM Category i.e. petitioner. It is also averred in writ petition that as soon as petitioner came to know about this fact, she immediately approached respondents 3&4 and apprised them that respondent no.5, Mansi Charak, has obtained the State Rank of 389 with score/merit of 440 points and figures ahead of last OM Category candidate, with the result the right of petitioner have been jeopardized and respondents 3&4 have violated and infringed fundamental rights of petitioner and therefore, mischief has been done vis-&#224;-vis petitioner.