Early Times Report
JAMMU, June 24: DB directs BOPEE to admit Eva Kumari for MBBS course in Government Medical College, Jammu in the next academic year. This order has been passed in an appeal filed by Chairperson J&K, Board of Professional Examinations Jammu challenging the order of Writ Court whereby Writ Court directed BOPEE to accommodate the Eva Kumari for the ongoing MBBS course in the Government Medical College, Jammu, so as to save her, suffering not only loss of seat which she has deservingly earned on the basis of her merit but also a loss of precious one year.
A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice Arun Palli and Justice Rajnesh Oswal after hearing both the sides observed that if we accept the contention of the appellants and deprive respondent No. 1 a Scheduled Tribe female student, an opportunity to undergo MBBS course, just because of technical failure of online transaction, we would be failing in our constitutional obligation to uphold the majesty of the Constitution, and more particularly Article 14 and 15 of the Constitution of India. After having gone through the judgment passed by the learned writ court, we find that the writ court has rightly considered the matter but at the same time, we find that in view of the judgment of the Hon'ble Apex Court in S. Kishna Sradha v State of Andhra Pradesh and others, respondent No. 1 was required to be admitted for MBBS course in Government Medical College, Jammu in the next academic year, as the admissions stand already completed and the students have already undergone the course for more than 8 months.
Accordingly, DB modified the judgment of the writ court to the extent that the appellants are directed to admit respondent No. 1 for MBBS course in Government Medical College, Jammu in the next academic year and they are further directed to take up the matter with the concerned authority to increase one seat of MBBS under the ST(ii) category for the next academic session.
—JNF |
