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| HC directs BOPEE to admit petitioner under sports category for undergoing MBBS | | |
Early Times Report
Jammu, Sept 28:
Justice Sunil Hali of Jammu & Kashmir High Court Jammu Wing today in a petition seeking admission in MBBS under sports category has allowed the petition and directed to admit the petitioner under Sports Category in SKIMS Medical College, Bemina for undergoing MBBS course.
This approved for reporting judgment pronounced today in a petition filed by one Wajahat Ahmed Mir seeking admission in MBBS Course under the reserved category of sports.
Justice Sunil Hali after hearing all the sides and gone through the contents of petition observed that what transpires from the facts is that date fixed for issuance of admit cards had to be prior to June 26. It is clearly manifested that the requisite recommendation of Secretary Board regarding the candidates under the sport category has been accepted by the respondents even after the date of issuance of admit cards. Respondents have not intentionally mentioned the date fixed even for issuance of admit cards. It is not the case of the respondents that the petitioner has not placed the certificate along with application form. It is also admitted that the petitioner’s consideration in the sport category was examined by the council and he was found to be eligible but allotment of marks was deferred only for the limited purpose seeking clarification from the Board whether certificates are recognized or not. On receipt of clarification, he was required to be considered in this reserved category. There is no dispute that petitioner has secured 149 marks which is more than that private respondents has secured. He cannot be denied admission in this category merely on the fact that recommendation from the Sports Council was not received before the date admit card was issued, when no such date was fixed in the notification.
High Court further observed that examination was to be held on June 26, 2010 and admit cards could not have been issued on the same date but much before that date. With these observations Court allowed this petition and directed respondents that since the respondents in terms of Court order dated July 29, 2010 have already conducted the counseling of the petitioner for undergoing MBBS Course under Sports Category, they are directed to admit the petitioner under Sports Category in SKIMS Medical College Bemina for under going MBBS course.
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