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| Court directs JU to issue registration number, declare result of petitioner | | |
JAMMU, AUGUST-01
Justice YP Nargotra of Jammu and Kashmir High Court Jammu wing today in a petition of Romail Dutt who was selected in the Non-Resident Defence Personal Category for MBBS Course and shifted from Srinagar Medical College to Jammu Medical College vide High Court order of February 16, 2005, has directed the University of Jammu to issue the registration number in favour of petitioner forthwith and also declare his result of second and pre-final of MBBS examination.
This Court direction has been passed in a petition filed by the petitioner through Adv Rohit Kapoor in which it has been submitted that despite depositing registration fee, the University of Jammu did not issue the registration certificate to enable him to appear examination of second professional despite interim order of High Court of January 10, 2006 directing respondents to permit the petitioner to appear in the internal assessment examination of MBBS second professional regular session-2006 and also in the final examination of second professional. Despite these directions, the University failed to issue the roll number and admit card to the petitioner enabling him to appear in the final examination of MBBS second professional, the petitioner again approached the Court and filed a CMP.
While deciding the CMP, Court directed University to issue the admit card and roll number in favour of the petitioner with a rider that his result shall not be declared till further semester and also permit him to appear in pre-final MBBS examination, though the result of the second professional and pre-final have not declared as yet. However, the petitioner stands promoted to the final year of MBBS Course in the GMC Jammu.
Justice YP Nargotra after hearing Adv Rohit Kapoor appearing for the petitioner, Adv DS Thakur appearing for the Jammu University and Adv MU Salaria appearing for the Principal GMC Srinagar, observed that the dispute in this petition is to the issuance of registration number in favour of petitioner by the University of Jammu. Adv Thakur appearing for the University contended that the petitioner’s case has to be treated as migration case and he can be issued the registration number only after he obtained the migration certificate from the Kashmir University and permission from the Medical Council of India in terms of statue.
Upon this Justice Nargotra said that Court is of the considered opinion that statue-5 which is being relied upon by Adv Thakur would have no application to the present case because of the reason that the petitioner has been shifted to GMC Jammu as against the seat occupied by one Lalita Sheoran who was shifted to GMC Srinagar on the orders of Board of Professional Entrance Examination, issued pursuant to the directions of the Court. Statue-5 would have applied only if there had been a case of migration at the request of petitioner. Once the petitioner was admitted in the GMC Jammu pursuant to the directions of the Court, the University could not have legally declined the issuance of registration number in favour of petitioner, especially when he has already reached the level of final year of MBBS course in GMC Jammu. With these observations Court allowed the petition and directed the University to issue registration number in favour of petitioner forthwith and also to declare his result.
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