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| Controversy over exchange of Colleges | | HC stays two orders of BOPEE | |
JAMMU, JUNE 08
Justice YP Nargotra of Jammu & Kashmir High Court, Jammu wing, today in a writ petition filed by Bavneet Kour relating to the allotment of MD seats in General Medicine stream and exchange of colleges, stayed the order of Board of Professional Entrance Examination.
In the petition it has been submitted that petitioner Dr. Bavneet Kour is figuring at serial No 6 in open merit category whereas respondent No 6 Raja Salman Khurshid figuring at Serial No 7. Raja Salman Khurshid, being resident of Srinagar, was interested in getting a seat at GMC Srinagar whereas Dr. Sajaad Rashid a RBA category candidate, who was allotted the seat in GMC Srinagar in Medicines was interested to come to GMC Jammu Both of them who otherwise could not have got the seat in the respective colleges where they wanted to go as per their merit in the discipline of medicines, jointly applied to the Board for mutual exchange of their seats in the respective GMCs, though the Brochure of the Board in its clause 9 makes it amply clear that the decision of the board concerning allotment of streams and institutions shall be firm and final choice of streams/ institutions once exercised cannot be changed subsequently. Besides, after joining the course in the allotted institutions, change of discipline/college from one place to another shall not be allowed except in case of up gradation. Under the said clause, after the allotment of seats even on the mutual request, the Board could not have validly permitted the exchange of seats, yet it has permitted by vide order dated May 30, 2007 on the recommendation of Principals of the respective colleges and in this way the RBA candidate, Dr. Sajaad Rashid in Medicines came to occupy the seat which was earlier occupied by Dr. Raja Salman Khurshid a open merit category candidate.
According to the petitioner as respondent No 7 happened to be a RBA Category candidate occupied the seat of respondent No 6, therefore, instead of displacing him, the BOPEE by its order dated June 5, 2007 changed the college and discipline of the petitioner who is having better merit than respondent No 6 Dr. Raja Salman Khurshid in place of respondent No 6. Being aggrieved of the change of discipline and the college the petitioner has filed the present petition.
Justice YP Nargotra, after hearing counsel for the petitioner at length, observed that Advocate Anil Sethi appearing for private respondent Dr. Sajaad Rashid submitted that respondent has already joined the GMC Jammu pursuant to the impugned order issued by the Board, therefore, in view of the judgment of the Supreme Court in Dr. Mridul Dhar's case, no interference can be made at this stage. On the other hand Adv Sunil Sethi appearing for the petitioner submitted that this judgment has no application to the facts of the present case and it is not a case of new admission. Court after considering the respective contentions and prima-facie of the view that the order impugned dated June 5, 2007 so far as it relates to the petitioner Dr. Bavneet Kour, could not have been validly passed and therefore, for the reason that had respondent Dr. Sajaad Rashid not been shifted to Jammu in place of Dr. Raja Salman Khurshid, it would have been he, who was to make place for accommodating Dr. Deepak Sharma. Order dated May 30, 2007 of the Board whereby transfer of the seats in between respondents 6 and 7 has been allowed; also prima-facie appears contrary to the clause 9 of the Boucher, therefore, the order dated June 5, 2007 so far it relates to petitioner Dr. Bavneet Kour and the order dated May 30, 2007 passed by the BOPEE shall remain stayed till further orders and consequently respondent No 7 Dr. Sajaad Rashid shall be permitted by Principal GMC Srinagar to rejoin against the same seat where prior to the exchange he was pursuing his studies in his own stream. In regard to Dr. Raja Salman Khurshid, the BOPEE shall pass appropriate orders which shall also remain subject to the final outcome of the petition
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