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| DB sets-aside Writ Court’s direction to grant provisional admission in PG course | | | Early Times Report
Jammu, May 18: The Jammu and Kashmir High Court on Monday set aside the order of the Writ Court granting interim admission to a candidate. The court said, “Grant of admissions in professional colleges by interim orders has been deprecated by Supreme Court as it violates the right of eligible candidate for admission.”
In an appeal filed by Board of Professional Entrance Examinations against the Writ Court (whereby the Writ Court had allowed and granted provisional admission in PG course), a Division Bench of J&K High Court Jammu Wing Comprising Justice Rajesh Bindal and Justice Puneet Gupta after hearing AAG FA Natnoo for the BOPEE and Advocate Pawan Dev Singh representing Dr Sovia Anand, observed: “Fact remains that grant of admissions in professional colleges by interim orders has been deprecated by Supreme Court.
In case finally the petition is to be dismissed, right of an eligible candidate is violated as he/she is deprived of the admission because of interim order passed by the court.
The right course in our view, in the facts of the present case would be to set-aside the interim order passed by the learned Single Judge and remit the matter back to him with a request to decide the writ petition itself on merits before May 26, 2020, as is stated to be the date fixed for second counselling, in which the respondent has been permitted to participate. However, final date of disposal may depend on the date fixed for second counselling, as learned counsel for the appellant was not confirmed about the same.”
During the course of hearing, the Division Bench observed that facts in brief would be enough for disposal of the present appeal as we are not proposing to go into the merits of the controversy as the same may prejudice the case of either of the parties, which is pending adjudication on merits before the learned Single Judge. Suffice to note that the writ petition was filed by the respondent claiming admission in MD course commencing in 2020. The respondent/writ petitioner was earlier admitted in MD(Pathology) course in the year 2018 but she left the course midway in the year 2019. Now she is seeking admission afresh after clearing NEET-PG(MD/MS)-2020. JNF
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