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HC dismisses petition seeking allocation of MD seat being member of RBA category
5/26/2018 11:24:02 PM
Early Times Report

JAMMU, May 26: The High Court today dismissed the petition filed by Dr. Akhil Kumar Gupta seeking quashing of allotment of MD, Anaesthesia seat in favour of respondent number five vide Notification No.31-BOPEE of 2018 dated 07.05.2018 on the ground that the same is in contravention of the Rule 15 of the J&K Reservation Rules, 2005.
The petitioner also seeks a writ of mandamus to allocate one seat of MD either in the discipline of Anaesthesia or any other clinical discipline out of various seats/disciplines having become vacant due to any reason to the petitioner in view of his merit position as well as being the member of the RBA category in the future round of counseling.
High Court after hearing both the sides observed that from perusal of Section 9 of the Act, it is evident that in case any seat in any reserved category which cannot be filled up for want of candidates belonging to that category shall be filled from amongst the candidates belonging to the Open Merit category.
Thus, the reserved category post in case it is not filled up from that category has to be filled up from Open Merit category. In view of express mandate contained in Section 9 of the Act, which shall prevail over the provisions of the Rules, it is evident that a post which falls vacant under the Scheduled Caste category cannot be filled up from the candidate belonging to RBA category, and the petitioner, admittedly, belongs to RBA Category and has secured less marks than the last selected candidate under the General Category.
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