AKASH KUMAR Vs. STATE

JUDGEMENT

(1.) When the matter was taken up for consideration, learned counsel for the parties submitted at the Bar that BOPEE-respondent No.3 had already issued a Notification, dated 19.03.2018, intimating about the schedule for filing up Online preference by the candidates, competing for MD/MS/PG Diploma and MDS Admission, 2018 w.e.f. 22.03.2018 to 28.03.2018. Thus, in view of aforesaid development and in view of the urgency expressed, more particularly in view of the Order dated 03.03.2018 passed by the Division Bench of this Court in LPASW No.35/2018, learned counsel for the parties agreed to final adjudication of the both the petitions, involving common question of law and facts, restricting the subject-matter of the dispute to the one Issue only, as to whether amendment to Rule 17 of the J&K Reservation Rules, 2005, made in terms of SRO 49 of 2018 dated 30.01.2018 by respondent No.2 in mid-process of selection would apply retrospectively or prospectively.

(2.) The petitioners, through the medium of instant petitions, are seeking quashment of impugned Public Notice No.006-BOPEE of 2018 dated 03.02.2018 to the extent it pertains to Note No.7 and declaration of Notification SRO 49 of 2018 dated 30th January, 2018, issued by the Government in the Social Welfare Department to the extent it tends to amend Rule 17 of the J&K Reservation Rules, 2005 as null and void and ultra vires the J&K Reservation Rules, 2005. They also seek direction to the respondents to apply the Rule 17 as amended vide Notification SRO 49 of 2018 dated 30.01.2018 prospectively and not to give it retrospective effect qua the NEET-PG 2018-Selection, which commenced from 31.10.2017. Petitioners have also prayed for a direction to the respondents, particularly respondent No.3, to conduct counselling of the petitioners as well as various other candidates, who competed in the process of NEET-PG 2018 in accordance with the un-amended Rule 17 of the J&K Reservation Rules 2005 and allocate disciplines/streams/colleges to them strictly by following the provisions of un-amended Rule 17 of the J&K Reservation Rules, 2005, in accordance with their respective merit obtained by the petitioners in the NEET-PG 2018.

(3.) The facts, in brief, as projected in the present writ petitions are that National Board of Examination issued a Notification for admission to MD/MS Graduate Diploma Courses 2018-Academic Session. The candidates, possessing MBBS Degree/provisional MBBS pass certificate from a Medical College/Institute, duly recognised as per the provisions of Medical Council Act and having completed one of internship or are likely to complete the same on or before 31.03.2018, were eligible to apply for NEET-PG 2018 through Online Application System. The date for submission of Online Application Forms was fixed as 31.10.2017 to 27.11.2017. The date of examination was notified as 07.01.2018. And the date of declaration of result was shown as 31.01.2018. Respondent No.3- BOPEE, vide Notification No.76-BOPEE of 2017 dated 02.11.2017, circulated instructions regarding NEET-PG 2018, for filling up of forms-category and other certificates. The aforesaid Notification also contains that BOPEE will notify the schedule for registration/online registration of eligible candidates, only after result of NEET-PG 2018 is declared by the National Board of Examination. It is stated that J&K BOPEE issued a Public Notice bearing No. 006-BOPEE of 2018 dated 03.02.2018 intimating thereby that the eligibility of the candidates shall be determined in accordance with the amended Rule 17 issued vide SRO 49 of 2018 dated 30.01.2018 and any other amendment as may be carried out till the issuance of Information Brochure.