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HC directs Chairman BOPEE to appear in person
PIL challenging Reservation Rules of 2005
2/25/2014 11:27:02 PM
ET Report
Jammu, Feb 25 : The High Court has directed the chairman BOPEE to appear in person in a PIL challenging reservation rules.
The PIL has been filed by social activist, Ashok Sharma. A Division Bench of State High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar directed Chairman BOPEE to appear in person. After hearing the parties the court observed that since nobody appeared on behalf of J&K Board of Professional Entrance Examination and directed that let the Chairman BOPEE to appear in person before this Court on February 26, 2014 and also directed Sr. AAG Gagan Basotra to take responsibility of informing Chairman BOPEE for his appearance.
The PIL challenging the Rule 17 of Reservation Rules of 2005 suffers from the voice of arbitrariness as it tends to give much more reservation to the candidate of reserved category that their entitlement. According to the counsel for the PIL once a candidate belonging to reserved category is selected against open merit seat than he is to be considered for allotment of discipline/stream/college allocable to him on the basis of his merit and preference.
The rules further provides that the resultant discipline/stream/college in the open merit category shall be allotted to reserved category candidate who is selected upon the reserved category candidate getting selected in the open merit category. According to the rules a reserve category candidate selected in the open category can again shifted to reserved that category but he would end up consuming the open merit seat which may not be permissible as per the provision of Article 16 (1) 16(4) and 16 (4 A) of the constitution of India. JNF
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