PARVEZ AHMED NAIK Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) PETITIONER Parvez Ahmed Malik seeks admission to the course Masters Degree Programme in Computer Applications with the University of Jammu. He claims to be belonging to area which is backward. He is resident of Doda. He submits that interms of conditions 1.3 Sub. Category (vi), he is entitled to the admission. He submits that he has been wrongly deprived of the admission because a candidate belonging to Leh and Kargil even though low in merit has been given preference.

(2.) THERE is another writ petition preferred by Tsewang Dorje. This bears No. 852 of 1998. Petitioner in writ petition No.852 of 1998 figure as respondent No.3 in the writ petition preferred by Parvez Ahmed Naik. This petitioner is also claiming benefit of same regulation on which petitioner in placing reliance. As the contending parties are seeking admission in terms of Regulation noted above, it would be apt to notice the same. It reads as under: -

(3.) THE petitioner submits that the candidates belonging to Backward area including Leh and Kargil have to be accommodated to the extent of 3%. This accordingly to the petitioner is an independent provision. If a candidate is shown high in merit and he belongs to Leh and Kargil then there would be no dispute. Dispute has arisen because the candidate from Doda i.e. the petitioner has higher merit. He is being denied admission on the ground that the seat has to go to the candidate belonging to Leh/Kargil area. For this reliance is being placed on the lines." At least one seat will be provided out of this category for candidates belonging to Leh/ Kargil." (Emphasis Supplier).