SrinagarThe State High Court Tuesday upheld its single bench verdict that unamended Reservation Rule will govern the process for MD/MS/PG Diploma Courses admission 2018, the exams of which were conducted through National Eligibility cum Entrance (NEET).
As per the unamended Reservation Rule, a reserved category candidate, if selected against the open merit seat, may be considered for allotment of discipline, stream, college allocable to him in his respective category on the basis of his merit and preference.
The National Board of Examinations had issued notice for National Eligibility cum Entrance Test (Post Graduate) for admission to MD/MS/Post Graduate Diploma Courses 2018 Admission Session on 30 October last year. The online registration ended on 27 November. The examination date was notified to be on 7 January and results date was fixed as 31 January this year.
The NEET-PG is an eligibility-cum-ranking examination prescribed as the single entrance examination to various MD/MS and PG Diploma Courses.
Vide Public Notice (No.76-BOPEE of 2017) on 2 November 2017, BOPEE issued instructions, asking aspirants belong to reservation group except SC and ST to tick the OM category as otherwise their application form cannot be submitted.
The candidates belonging to reservation categories had to be in possession of valid category certificates on last date of submission of forms27 November 2017 and the category certificates issued after the date were not to be accepted. The BOPEE also asked candidates to be in touch with the BOPEE website Jakbopee.org.
The NEET examination results were declared on 23 January and on next date (24.01.2018), BOPEE issued another Public Notice, stating that NBE has declared the result of NEET MD/MS/PG Diploma examination while result of MDS was shortly to be declared. After receipt of the result from NBE, BOPEE had stated that further action will be initiated to prepare the provisional State merit list and update the category status of the candidates. The candidates who qualified the examination as per the cut off merit fixed by NBE were required to register themselves online and upload the documents on the BOPEE website as per the schedule as may be notified by it.
On January 30, SROs 48 and 49 were notified by the Departments of ARI & Trainings and Social Welfare Department. While SRO 48 notified pertains to the amendment providing for weightage for serving in difficult areas whereas by virtue of SRO 49, Rule 15 and 17 of the Jammu and Kashmir Reservation Rules were substituted. The rank position of the candidates was issued by the NEET on February 15.
A number candidates challenged the decision before high court and its single bench restricted the matter to single question whether amendment to Rule 17 of the J&K Reservation Rules, 2005, made in terms of SRO 49 of 2018 process of selection would apply retrospectively or prospectively. Finally the single bench answered the query and held that it will apply prospectively, noticing that the process of admission was initiated by NEET in October and results declared on 23rd January 2018, amending the rule on 30 January 2018 amounts to changing the rule of the game in the middle of the process which was impermissible.
The single benchs ruling was challenged by some candidates, contending that unamended Rule 17 of the J&K Reservation Rules has been operating harshly, giving advantage to the reserved categories beyond proportions.
A division bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey after hearing the opposite parties held that the argument unacceptable, observing that once a process of admission has been initiated in accordance with applicable rules; same has to be concluded in accordance with rules as were in place. Amended Rule 17 has an effect vis-à-vis position of the reservations. Though unamended Rule 17 operates harshly but in absence of challenge thereto, same has to be applied as being in place when admission process was initiated because Rule 17 amended on 30th January, 2018, will apply to the next process of admission not to the Admission 2018 already initiated, the court said and upheld Single Judges judgment except for the modification to the extent that the quashment of Note 7 of Public Notice (No.006-BOPEE of 2018) on 3 February 2018 shall remain restricted only to the extent it refers to SRO 49 and not to SRO 48.
The Note 7 of the BOPEE notice provided that the eligibility of candidates shall be determined in accordance with the rules, including the amendments carried out by the State Government in the reservation rules/other rules vide SRO 48 of 2018 and SRO 49 of 2018.
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