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| State directed to consider quashment of SRO 46 | | Govt medical college selection rules | | Early Times Report
Jammu, May 17: The Jammu and Kashmir high court has directed the state to consider quashment of JK Private Medical Educational Institutions (selection and admission) Rules 1996 within two months after the order is served on them.
Justice Hakim Imtiyaz Hussain taking cognizance of a petition preferred by Acharya Shri Chander College of Medical Sciences and Hospitals issued the direction Monday.
The petitioner believing that the rules quoted above were contrary and in contravention to the observation made by the Supreme Court of India in TMA Pai Foundation and Ors v/s State of Karnataka sought their quashment.
The petitioner informed the court that the rules promulgated vide SRO 46 of 1996 were framed on the basis of Unikrishnan JP and Ors v/s State of Andhra Pradesh. "However, the judgement was over ruled by the apex court in TMA Pai Foundation case.
Senior counsel Sunil Sethi with and Advocate Veenu Gupta appearing for the petitioners submitted that the Unikrishnan judgement having being over ruled by the apex court, the SRO promulgated on the basis of this judgement cannot survive and needs to be quashed.
The court observed that on consideration of the matter, petition can be disposed at this very stage. "The issue raised by the petitioner needs consideration in the light of the pleas raised in the present petition. The government shall examine the effect of the judgment in TMA Pai's case on the said SRO. Accordingly, this petition is disposed with the direction to the state to consider the matter in the light of observation made in TMA Pai's case and pass appropriate orders within a period of two months", the court directed. (JNF)
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