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| Non State Subject doctors apply for MD/MS course | | HC directs admission in accordance with rules | |
JAMMU, APRIL 19
Justice JP Singh of J&K High Court, Jammu Wing, today admitted writ petitions filed by non-residents of J&K state for the admission in MD/MS course, and issued notice to respondents to file their counter affidavit within a period of four weeks.
Dr. Sharon Awasthi in which writ petition filed through Sr. Adv SS Lehar with Adv Akshay Anand referred various paragraphs of the amended writ petition submitted that despite the fact that in view of judgment passed by the Full Bench of the State High Court that discrimination has been removed and the certificate of female is held valid even after the marriage, so on the basis of the judgment of the Full Bench of the State High court, the petitioner has to be treated as permanent resident of the J&K State as her mother is a State-subject.
In another writ petition filed by Dr. Laila Noomani in which Sr. Adv MA Goni with Adv Ahtsham Bhat appearing for the petitioner, Justice JP Singh, after hearing Advocates appearing for the petitioners and Sr. Adv DC Raina with Advocate Vikram Singh appearing for the J&K Board of Professional Entrance Examination, observed that Advocates appearing for the petitioners submitted that J&K Reservation Act 2004 and SRO 294 of 2005 issued thereunder, did not effect the provisions of SRO 158 of July 12, 1995, which regulates admission to the post-graduate degree and diploma course in Government Medical Colleges of the State. Grievances projected by the petitioners are that the respondents had been misconstruing the provisions of SRO 294 to oust the petitioners from seeking consideration for admission MD/MS Course.
Justice JP Singh after perusing the provisions of Reservation Act, 2004 and SRO 294, said that prima-facie the Court is of the view that Reservation Act governs only the field of reservation to appointment and admission in professional institutions for the members of SC/ST and other socially and educationally backward classes and for matters indicated and would not effect the regulation of admission to post graduate degree and diploma courses in GMCs of State, which continues to be governed by SRO 158 of July 12, 1995. While allowing both the applications, Court directed that result of the petitioner, who was permitted to take the entrance test pursuant to this court’s order dated February 22, 2007, shall be declared and depending upon the result, the petitioner shall be considered by JK BOPEE for counseling/admission in accordance with rules. The consideration of the petitioners for counseling and admission, if any, shall be subject to the final disposal of the writ petition. With these observations court disposed of CMPs.
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