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HC dismisses petition challenging NRI quota admission in MBBS
9/5/2019 10:16:58 PM
Early Times Report
Jammu, Sept 5: J&K High Court Jammu Wing today dismissed a petition filed by Tanya Khan Afridi challenging selection of private respondents in NRI quota in MBBS.
Justice Rajesh Bindal after hearing Sr. Adv PN Raina with JA Hamal for the petitioner whereas Adv Abhinav Sharma appearing for the private respondent whereas AAG FA Natnoo for the BOPEE observed that it was for the petitioner to prove that her application was received in the office of BOPEE within the time prescribed. Onus was on her.
Merely by blaming others she cannot claim that her application be treated to have been received in time. Postal Department has not been impleaded as party to clarify as to how the letter remained undelivered on 06.07.2019 and redirected to Srinagar office. In the case in hand no specific mode was provided in the advertisement for submission of applications. The only requirement was that it should reach in the office of the BOPEE before the date and time fixed.
Lot of stress was sought to be laid on merit, merit and merit without ensuring that for consideration of her candidature, a candidate is required to submit her application within the time permitted. Comparative merit has to be determined amongst the candidates who are the applicants within the time permitted and not who remain out and the stand taken by the BOPEE in the objections filed is that their office remained open on 6th and 7th July, 2019, as last date had been fixed for receipt of applications. To this the petitioner has not filed any rejoinder to controvert this fact. Hence, there is nothing produced on record to show that the application sent by the petitioner was received or deemed to be received before the last cut of date. Her candidature, hence, could not be considered.
Justice Rajesh Bindal observed that the issue as to whether Court should direct for grant of admission after the last cut of date was considered by the Supreme Court in Jasmine Kaur's case (supra). In that case while noticing the earlier judgments on the issue, the Supreme Court had discerned the following principles.
Justice Rajesh Bindal further observed that If the law laid down in the aforesaid judgments is considered, no admission can be possibly be granted after the expiry of last date of joining of candidates for the State Counseling, which was August 18, 2019. With these observations, Justice Rajesh Bindal hold that no case is made out by the petitioner to interfere in the present petition. The same is accordingly, dismissed.
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