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| HC dismisses petition challenging Amendment in Rule 17 | | | Early Times Report
Jammu, Apr 3: In a petition filed by petitioners who are aspirants for admission to MD/MS/PG Diploma Courses 2019-Academic Sessions, Justice Sanjeev Kumar after hearing Sr. Adv Sunil Sethi for the petitioners whereas Sr. Adv ZA Shah, Adv Abhinav Sharma for the private respondents dismissed the petition .
The court observed that Supreme Court referred to 50th (last) general seat and, therefore, rightly concluded that this seat if not opted by MRC would go to the reserved category candidate who stands to lose out by the choice of MRC. It is, thus, not the last candidate in the category, but all others also stand to lose out by the choice of MRC. The position, however, would be different if discipline becoming available is not one allocable to last candidate in open but higher up. In such situation, Rule 17 takes the driver's seat and discipline/stream in general category becoming available due to MRC not opting for it, will be treated as left over and would be offered on the basis of merit first to the general category and then the reserved categories.
The petitioners submitted that they belong to different reserved categories and are entitled to the benefit of reservation provided under the J&K Reservation Act, 2004 (for short 'Act of 2004') and J&K Reservation Rules 2005 (for short "Rules of 2005"). They are aggrieved and challenge the SRO 49 of 2018 dated 30.01.2018 whereby Rule 17 of the Rules of 2005 has been amended.
Justice Sanjeev Kumar further observed that the short point raised by the petitioners, which calls for determination in these writ petitions is, as to whether this amendment has affected any right of the petitioners and, therefore, unsustainable in law. The right of a category candidate to seek reservation has been dealt with in detail hereinabove.
The argument that operation of Rule 17 in the manner now provided after the amendment acts to the serious prejudice of the petitioners and confers undue advantage on the general category candidates is without any basis and, therefore, cannot be accepted. The Rule recognizes the right of meritorious reserved category candidate, who on the strength of his merit comes in the open merit, still makes an option of discipline/stream/college of his choice as per his status as reserved category candidate. He would not count a seat of the reserved category, but would occupy one seat in the open merit. This would not disturb the percentage of reservation provided for the general category and the reserved categories in any manner. However, the seats in post graduate medical courses cannot be separated from the streams. The seat and stream are, therefore, integrated and completely inseparable. |
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