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| Selection in PG Diploma course challenged | | DB upholds judgment of single Judge | |
JAMMU, MAY 31
A Division Bench of Jammu and Kashmir High Court Jammu wing comprising Justice Virender Singh and Justice YP Nargotra in an appeal filed by Dr. Mir GR Wali whose selection for PG Diploma course in Dermatology in GMC Jammu in reserve category has been quashed by the Single Judge, has upheld the judgment of the Single Judge as it does not suffer from any illegality calling for interference.
DB, after hearing Sr. Advocate ZA Shah with Vipin Gandotra appearing for the appellant, Deputy AG Mrs. S Hakim appearing for the Medical Department, Sr. Advocate DC Raina with FA Natnoo for BOPEE and Advocate Sunil Sethi with Advocate Veenu Gupta for the private respondent, further observed that respondent No 7 being next in merit to Vikrant Gupta was to fill the vacancy in the reserved category. For him he would have the choice of discipline of Dermatology in GMC in place of already existing choice in the Radio-Diagnosis and other available choices, when he opted for discipline/ college-Dermatology, GMC Jammu, the one seat reserved for reserved category in the Dermatology GMC Jammu got consumed, leaving three seats in Dermatology, one in GMC Jammu and two in GMC Srinagar for open category, which as per merit position could go to the petitioner and respondent No 6 and 7, the appellant in any case shall not be entitled to any of the four seats in the Dermatology. He would get only that seat to which he otherwise would have been entitled as per his merit and preference. The view already taken by the single Judge does not suffer from any illegality calling for interference of this bench thus the appeal fails being devoid of merit and dismissed along with connected CMPs.
This significant judgment written by Justice YP Nargotra for the Division Bench observed that on the moving of Vikrant Gupta from the reserved category to open category and on his choosing Radio-Diagnosis available as a choice in reserve category for the candidates in reserve category who comes to be selected in his place on merit, a substituted left over choice made available by Vikrant Gupta would also become available to him. This view cannot be an addition to the seats available for reserved category. Supposing that instead of Dermatology in GMC Jammu Vikrant Gupta as per his merit position in open merit would have got Anesthesia in GMC Srinagar available in open category choice, what would have been available to the candidate next in the merit in reserve category. DB is of the considered view that for making a choice, it would be the same which was available to Vikrant Gupta in the category and there would not be any shifting of the stream and accordingly dismissed the appeal and up held the judgment of the Single Judge. .
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