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| HC dismisses JIAR petition to quash orders on filling-up of mgt seats | | |
Early Times Report
Jammu, Sept 24: In a petition filed by Jammu Institute of Ayurveda & Research (JIAR) seeking quashment of notice No. 72-BOPEE of 2019 dated 18.07.2019, notification No. 77-BOPEE of 2019 dated 01.08.2019, notification No. 78-BOPEE of 2019 dated 23.08.2019 to the extent it pertains to filling up of the management quota seats in the petitioners institutes through Board of Professional Entrance Examination (for short "BOPEE") and further prayer has been made for directing the respondents to allow the petitioners to fill up the management quota seats of their own by following the merit scored by the candidates in NEET.
Justice Rajesh Bindal of J&K High Court while dismissing the petition observed that Clause 2(d) (v) of the Regulations clearly provides that the designated authority for counseling for all admissions to graduation courses in all Ayurveda education institutions in the States/Union territories, shall be the respective State or Union territory. It further provides that no authority or institution shall admit any candidate to the course in contravention to the criteria or procedure laid down in these Regulations. Any candidate admitted in contravention shall be discharged by the Central Council in addition to action against the authority or institution.
Justice Rajesh Bindal further observed that similar provisions are there for admission to BAMS, BSMS and BUMS Courses, for the academic session 2019-20 onwards. In the light of the aforesaid regulations, nothing lies in the mouth of the petitioners to claim that they should be granted liberty to admit students against management quota seats at their own level. As the aforesaid amended Regulations clearly provide that the designated authority shall be established for counseling for all the admissions to under-graduate courses in all Ayurveda educational institutions. That will not mean that the management quota seats will not be included therein, as it talks of 'all' admissions.
Court further observed that Reliance on notification issued by the State of Karnataka and Maharashtra is totally misplaced.
Justice Rajesh Bindal further observed that this Court find merit in the contention raised by the learned counsel for the petitioners to the extent that the seats in the Professional Colleges should not go waste and all efforts should be made to fill up those seats. No doubt, counsel for the respondents stated that number of notices are published in various newspapers to apprise the prospective candidates about the process of admission, the last date fixed so as to enable the candidates to apply to BOPEE well within time for taking admission in the institute of their choice, as per merit. However, still in case the petitioners feel that the efforts made by BOPEE require to be supplemented, the petitioners shall also be at liberty to educate prospective candidates by way of public notice in the Newspapers of their choice and also by putting such notices on the web-sites of the respective colleges or even by way of public notice in their respective institutes so as to educate the prospective candidates about the schedule of counseling and the manner in which admission can be sought against Management Quota seats. Such an effort cannot be said to be in violation of any Rule as infrastructure created for imparting education in Professional Colleges should not go waste. If the candidates are available, they should be granted admission. Even the BOPEE should also encourage and educate all the prospective candidates, who wish to seek admission in various Ayurveda Courses. It has to be taken care of that any advertisement issued by the petitioners should not be misleading in any manner whatsoever, as the aim thereof is only to supplement the efforts being made by BOPEE to apprise the prospective candidates of the schedule for seeking admission against Management Quota seats. Whenever and by whatever mode any such advertisement is published or uploaded on website or displayed on notice board, copies thereof shall be sent by the petitioners to BOPEE, immediately. (JNF) |
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