Early Times Report
Jammu, Mar 26: In a petition seeking withdrawal of government notification SRO 49 of 2018 terming it in violation of J&K Reservation Rules, 2005, being totally illegal, arbitrary and ultra vires the J&K Reservation Act, 2005 and constitutional guarantees of the petitioners, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Sr. Adv Sunil Sethi with Adv Veenu Gupta, Sumit Nayyan and FS Butt for the petitioners allowed the petition and ordered that Public Notice bearing No. 006-BOPEE of 2018 dated 03.02.2018 to the extent it pertains to Note No.7 is quashed. Justice Tashi Rabstan also directed respondents to conduct counseling of the petitioners as well as other candidates, who competed in the process of National Eligibility Entrance Test PG 2018 in accordance with un-amended Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 and allocated the disciplines/streams/Colleges strictly by following the provisions of un-amended Rule 17 of the Jammu and Kashmir Reservation Rules, 2005 in accordance with their respective merit secured by them in the NEET-PG 2018.
Justice Tashi Rabstan after hearing both the sides observed that the authority, issuing an advertisement or framing the recruitment rules, has a right to amend the terms and conditions of appointment to the post and also to amend the recruitment rules, but no such amendment shall affect the selection process which is already commenced prior to the amendment unless the amendment is made retrospectively. Justice Tashi Rabstan further observed that eligibility must be with reference to the last date of application form, therefore, admission must be granted on the basis of norms prevalent on the date when aspirants/candidates apply and thus ratio of the said judgments cover the case of the petitioners. With these observations Justice Tashi Rabstan disposed of writ petitionand Public Notice bearing No. 006-BOPEE of 2018 dated 03.02.2018. |
