FOZIA TURK Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The facts which have given rise to the instant petition are that the petitioner applied in pursuance to a notification for admission to the MBBS course for the session 1997-98 and came to be selected among others vide Notification No. 7/MBBS/BDS/CAEE of 1998 dated 24-2-1998 under STGB category on the strength of certificate issued by respondent No. 7 under SRO 126. The selected candidates have been admitted to the college but to the exclusion of the petitioner. Mr. Kawoosa, AAG has filed objections which have been considered, case for admission is made out. The writ petition is admitted to hearing. Mr. Jawoosa, AAG accepts notice, objections filed by him are supported by an affidavit which are treated as his counter. Mr. Qadri learned Sr. AAG has appeared for respondent No. 8 whereas Mr. G. Ali, GA for respondents 6 and 7, respondents 4 and 5 are yet to cause appearance.

(2.) The respondents 1 to 3 have admitted that the petitioner stands selected to the MBBS course. It is also admitted that selection letters have been issued in favour of selected candidates but petitioner is an exception and the reason because of which she has been singled out is attributed to a complaint through which petitioner's entitlement to the certificate under STGB category is questioned.

(3.) Before dilating upon the main issue a question arises as to whether claim of the petitioner can be adjudicated upon effectively and without causing any prejudice to the rights of the respondents 4 to 8 and to answer this question it is necessary to refer to the stand taken by the respondents 1 to 3 through their objections and examination of the objections reveals that it is the omission and commission of respondents 2 and 3 only which has given rise to this litigation and a direction to the said respondents to issue the selection letter is going to clinch the issue, therefore respondents 1 to 3 are only necessary adversaries. More so, since I am not going to return any finding in respect of entitlement of the petitioner to the certificate or otherwise and this area is left open to be embarked upon by the authorities concerned and competent, it being so, it is in the interests of justice to dispose of the writ petition without calling returns from the respondents 4 to 8.