MEHDI ALI Vs. STATE

JUDGEMENT

(1.) The petitioners in both the aforesaid writ petitions are aspirants for admission to MD/MS/PG Diploma Courses 2019-Academic Sessions. They belong to different reserved categories and are entitled to the benefit of reservation provided under the J&K Reservation Act, 2004 (for short ?Act of 2004?) and J&K Reservation Rules 2005 (for short " Rules of 2005"). They are aggrieved and challenge the SRO 49 of 2018 dated 30.01.2018 whereby Rule 17 of the Rules of 2005 has been amended. In OWP No.351/2019, apart from assailing the constitutional validity of aforesaid SRO, the petitioners has sought declaration of Rule 15 of the Rules of 2005 to the extent it provides for clubbing/amalgamation of seats allocable to various reserved categories in one pool as ultra vires the Constitution and Act of 2004. The petitioners in OWP No. 351/2019 also seek direction to the respondents to distribute the seats earmarked for different categories proportionate to their population in the State.

(2.) The relevant facts which have given rise to the instant writ petitions need to be noticed before proceeding to determine the core issue pertaining to the constitutional validity of SRO 49 of 2018.

(3.) During the pendency of the aforesaid writ petitions, the NEET-PG 2019 has been held. How have the petitioners faired in the examination is not known, for, neither the petitioners nor the respondents have brought anything on record to indicate whether the petitioners have succeeded in coming higher up in the merit to secure admission in the PG Medical Courses in the different medical colleges/institutions in the State of Jammu and Kashmir. Be that as it may, this Court in these writ petitions is called upon to adjudicate the constitutional validity of the amendment carried to Rule 17 of the Rules of 2005 and also the Rule 15 whereby the percentage of reservation for different categories too has been re- fixed.