Union Of India And Ors vs Saanvi Andotra
2022 Latest Caselaw 1908 j&K

                                                                         Sr.No. 84


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                      CM No. 7363/2022 in
                                                      WP (C) No. 776/2022

Union of India and Ors.                                                  .... Petitioner(s)

                    Through :- .

         V/s

Saanvi Andotra                                                         .... Respondent(s)


                    Through :- Mr. Sumeet Bhatia, GA
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                      ORDER

It has been brought to the notice of this Court that the petitioner figured in the provisional list of candidate who have been selected for MBBS course against Non- Resident of India seat in ASCOMS, Jammu and she figures at S. No. 10 in the communication issued by the principal of ASCOMS to Secretary Board of Entrance Examination. It has been further brought to the notice of the court that the petitioner herein has already joined the said institution without any demur. Learned counsel appearing on behalf of respondent No. 4 summits that the directions in Para 33 passed by the court in Order dated 15.11.2022 is harshly working against respondent No. 4 as one seat in the MBBS course under CDP category was kept reserved for the petitioner for two weeks' from the day the order was passed till the petitioner files the fresh writ petition challenging the fresh policy issued by the Ministry of Defence, Department of Ex-servicemen Welfare and time period granted by the Court has since lapsed and the petitioner has already filed a fresh writ petition which has to be considered on 12.12.2022.

It has been further pointed out by the learned counsel appearing on behalf of respondent No. 4 that the continuance / extension of the aforesaid order insofar as reserving one seat in MBBS under CDP category was subject to the further orders to be passed by this Court and since the petitioner has already joined the ASCOMS under NRI quota without any grouse, the order passed by CM No. 7363/2022 in WP (C) No. 776/2022

this court, operative portion of which is reflected in Para 33 of the aforesaid order/judgment is liable to be vacated/ modified and thus one seat which has been reserved in MBBS course will go waste incase the aforesaid order is not modified/vacated.

Keeping in view the urgency projected by the learned counsel for respondent No. 4, the present application for preponement is allowed and the date is preponed from 12.12.2022 to 09.12.2022.

Registry to issue notice to Mr. H.C. Jalmeria, Advocate to cause appearance. Besides, the learned counsel for the respondent No. 4 is also directed to apprise Mr. H.C. Jalmeria, Advocate about listing of the case so that the appropriate orders shall be passed in this matter, tomorrow.

Registry is directed to list this case tomorrow at 10:30 A.M.

(Wasim Sadiq Nargal) Judge

Jammu:

08.12.2022 Neha-1