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| DB sets-aside judgment of Writ Court | | Entitlement for MBBS Course | | Jammu, July 4 (JNF) : In an appeal filed by J&K BOPEE against the order of Writ Court whereby Writ Court directed BOPEE to admit the petitioner Faiza Choudhary for MBBS Course against 2010 odd seat under STGB Category lying vacant, Division Bench of State High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar today allowed the appeal of BOPEE and set-aside the judgment of Writ Court dated March 19, 2012. In the 25 pages approved for reporting judgment written by Justice Muzaffar Hussain Attar for the Division Bench after hearing AAG Gagan Basotra for the BOPEE whereas Adv SK Shukla for the respondent referred various judgments of the Supreme Court observed that in view of the record produced by BOPEE before the writ Court, first choice of Nusrat Rashid was MBBS Course who had secured merit more than respondents. Since the merit is the guiding criterion for making selection more particularly MBBS Course, a duty was cost on the BOPEE to allot odd seat to Nusrat Rashid on the basis of merit she had secured. It was Nusrat Rashid who in fact was affected by the interim order passed by the court in Azhar Navid's case. Respondent in this appeal in the aforementioned facts and circumstances of the case had no immediate right in law to take her claim for being selected to undergo MBBS Course under STGB Category for the year 2010. She was clothed with any right in law. She was not affected in any manner whatsoever by the interim order passed by the Court in Azhar Navid's case. The interim order had not deprived her of any accrued legal right in these circumstances, it cannot be said that it would be unjust to deny the relief to the petitioner in the writ petition and respondent in the present appeal. The principle of equity evolved in the Courts would not thus be available in the facts of respo ndent's case.
It is held that Faiza Choudhary on merit had no case. With these observations the Division Bench allowed the appeal filed by the BOPEE and set-aside the judgment of writ Court dated March 19, 2012. |
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