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Petitioner entitled for BDS free seat with compensation of Rs 2 lakh: HC
1/1/2014 9:35:36 PM
EARLY TIMES REPORT

Jammu, Jan 1 : Justice Dhiraj Singh Thakur of J&K High Court Jammu Wing in a landmark judgment allowed the petition of one Sunandani Sharma and directed the BOPEE to allow the petitioner in the free seat in the Govt. Dental College, Jammu in the BDS Course in place of Eshmeet Sudan in the current academic session.
Justice Dhiraj Singh after hearing Adv Abhinav Sharma appearing for the petitioner is held entitled to receive compensation for an amount of Rs. 2,00,000/- on account of the fact that she was denied an opportunity to undergo the BDS course and obtain a degree in time, which got delayed by at least a period of two years, depriving the petitioner to settle down and earn her livelihood earlier in point of time and The petitioner is also held entitled to Rs. 10,000/- on account of litigation expenses.
"This compensation would also take care of her mental agony and harassment suffered at the hands of BOPEE because of whom the course of destiny of the petitioner was sought to be changed, court said.
While allowing the petition, Justice Dhiraj Singh Thakur observed that looking to the fact that petitioner Sunandani Sharma was not at fault and the fault had been admitted by the selection authority, the BOPEE, leading to the issuance of the corrigendum dated 5th of October, 2012 and keeping in view the fact that immediately after noticing the fact that she had been ignored and Eshmeet Sudan has been granted the benefit of free seat the petitioner made representations and subsequently and immediately thereafter filed the petition before this court on 15th of October, 2012 to seek her legal remedies, the case of the petitioner falls within the parameters set out by the Apex Court in moulding the relief in favour of the petitioner Sunandani Sharma notwithstanding the expiry of the cut-off date of 30th of September, 2012. The petition stands allowed and the petitioner is, therefore, held entitled to admission in the free seat in the Govt. Dental College, Jammu in the BDS Course in place of Eshmeet Sudan in the current academic session. The petitioner Sunandani Sharma is also held entitled to receive compensation from BOPEE. JNF
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