Jammu & Kashmir High Court - Srinagar Bench
Ilahi Maqbool Lone & Ors vs Ut Of J&K & Others on 25 October, 2024
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
IN THE HIGH COURT OF JAMMU & KASHMIR AND
LADAKH AT SRINAGAR
Reserved on: 16.10.2024
Pronounced on: 25.10.2024
WP(C) No.2351/2024
ILAHI MAQBOOL LONE & ORS. ...PETITIONER(S)
Through: - Mr. Molvi Aijaz, Advocate.
Vs.
UT OF J&K & OTHERS ...RESPONDENT(S)
Through:- Mr. A. R. Malik, Sr. AAG, with
Mr. Younis Hafiz, Assisting Counsel.
CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
JUDGMENT
Per Sanjeev Kumar 'J'
1) The petitioners, thirteen in number, are aggrieved of
and have called in question S.O. No.176 dated 15.03.2024
and S.O. No.305 dated 21.05.2024 issued by the
Government of Union Territory of Jammu and Kashmir. The
petitioners also seek to challenge the Information Brochure
issued by respondents 2 to 4 to the extent of mentioning
the application of impugned SOs to the selection process
initiated for selection of candidates for admission to
MD/MS/PG Diploma Courses in Government/Private
Medical Colleges of Union Territory of Jammu and Kashmir
for the year 2023-2024.
2) Briefly put, the case projected by the petitioners in
this petition is that they are aspirants for selection and
admission to various Medical Postgraduate Courses in
Government and Private Medical Colleges of the Union
Territory of Jammu and Kashmir. On 9th of November,
2023, National Board of Examinations in Medical Sciences
[NBEMS), New Delhi, issued a tentative schedule of NEET-
PG 2024 examination scheduled in the first half of the year
2024. This was followed by another notification issued by
NBEMS on 9th January, 2024, informing the aspirants that
the NEET-PG 2024 shall be conducted on 7th July, 2024. It
was also notified for the information of the aspirants that
the cut-off date for the purposes of eligibility to appear in
NEET-PG 2024 shall be 15th August, 2024.
3) The petitioners claim that having regard to the
aforesaid notifications issued by NBEMS notifying the
schedule of examinations, they started making
preparations for the incoming examinations. Vide notice
dated 16th April, 2024, NBEMS issued notice inviting
applications for NEET-PG 2024 which was notified to be
conducted on 23rd June, 2024. Simultaneously, with the
issuance of notification, Information Brochure of NEET-PG
2024 was also uploaded on the official website of NBEMS
for the information of the aspirants. The petitioners
responded to the aforesaid notification and submitted their
application forms in the prescribed format. On perusal of
the Information Brochure, 2024, issued by the J&K Board
of Professional Entrance Examinations [BOPEE], it came to
the notice of the petitioners that the reservation policy in
respect of admission to Postgraduate/Diploma Course in
question shall be as promulgated vide S.O. 176 dated 15th
March, 2024 and S.O.305 dated 21st May, 2024. The
petitioners submit that it also came to their notice that so
far as the categories of Children of Defence Personnel,
Children of Paramilitary Forces & Union Territory Police
Personnel and the candidates possessing outstanding
proficiency in Sports, are concerned, the reservation
provided shall be horizontal reservation, that too only to the
extent of 1%. The petitioners submit that the new SOs,
which are impugned in this petition, have virtually denied
reservation to the petitioners who are claiming benefits
under the aforesaid reserved categories for which only 1%
reservation is provided under S.O. 176 dated 15th March,
2024 and S.O. No.305 dated 21st May, 2024. Feeling
aggrieved, the petitioners are before this Court invoking the
extraordinary jurisdiction vested in this Court under Article
226 of the Constitution of India.
4) We have heard Mr. Molvi Aijaz, learned counsel for the
petitioners, and Mr. A. R. Malik, Sr. AAG appearing for the
respondents, and perused the material on record.
5) The only argument, which was vehemently urged by
Mr. Moulvi Aijaz, is that the schedule for examination was
published by NBEMS by issuing a notice on 9th November,
2023 and, therefore, reservation policy as was in force on
9th November, 2023, must govern the admissions in
question. He submits that S.O.176 and S.O. 305 were
issued on 15th March, 2024, and 21st May, 2024,
respectively and, therefore, the same could not be applied
to the selection process which was set in motion by NBEMS
on 9th November, 2023, by the publication of tentative
schedule of examination.
6) Per contra, Mr. Malik, learned Sr. AAG, submits that
NBEMS, in its notification dated 9th June, 2024, which was
issued in supersession of notification dated 9th November,
2023, clearly provided that the cutoff date for the purposes
of eligibility to appear in NEET-PG 2024 shall be 15th
August, 2024. He, therefore, argues that both the SOs have
been issued prior to 15th August, 2024, as such, the
Reservation Rules, as were in vogue on 15th August, 2024,
would govern the admissions in question. He further
submits that the actual notification by NBEMS was issued
on 16th April, 2024, and the last date for submission of
applications was 16th May, 2024 for NEET-PG 2024
examination. He further submits that with a view to give
effect to the admissions in various medical institutions in
the Union Territory of Jammu and Kashmir, the
Government issued Information Brochure, 2024, making it
clear in para (12) of the Information Brochure that the
reservation policy shall be implemented as per S.O.176
dated 15th March, 2024 and S.O.305 dated 21st May, 2024.
7) Having heard learned counsel for the parties and
perused material on record, we are of the considered view
that the case set up by the petitioners is totally
misconceived and devoid of merit. The petitioners are
strongly banking upon the tentative schedule of NEET-PG
2024 issued by NBEMS, New Delhi, on 9th November, 2023,
which was later on superseded by another notification
issued by NBEMS dated 9th January, 2024. Notices dated
9th November, 2023, and 9th January, 2024 notified only the
tentative schedule of examinations with a clear stipulation
that the cutoff date for the purposes of eligibility to appear
in NEET-PG 2024, shall be 15.08.2024. We are, therefore,
in agreement with Mr. Malik, Sr. AAG, that the reservations
as were in force as on 15th August, 2024, would govern the
instant admissions and not the reservations which were
applicable on 9th November, 2023 or 9th January, 2024.
That apart, the BOPEE, while issuing the Information
Brochure, 2024, for registration, counselling and
preference form filling and admission process, made it clear
to all the aspirants that the reservations in admissions shall
be as per S.O.176 dated 15th March, 2024 and S.O. No.305
dated 21st May, 2024, as amended from time to time.
8) Mr. Molvi Aijaz, learned counsel for the petitioners,
submits that the petitioners started making preparation
after being notified the tentative schedule of examinations
in 2023 and, therefore, were legitimately expecting that the
reservation policy as was in vogue in 2023 i.e. at the time
of issuance of first notification by NBEMS shall govern the
reservations in the admissions in question, however, the
respondents changed the scheme of reservation midway
thereby affecting adversely the chances of selection of the
petitioners. Mr. Aijaz submits that 1% reservation for the
category of children of defence personnel and the persons
with outstanding proficiency in sports has, in essence,
negated the rights of these categories as guaranteed by the
9) We find no substance in the aforesaid submission
made by learned counsel for the petitioners for the reason
that the publication of tentative schedule for NEET-PG
2024 by NBEMS is not the commencement of admission
process to Postgraduate Medical Courses. That apart, there
is a clear stipulation in the notification dated 9th January,
2024, which is issued in supersession of notification dated
9th November, 2023, that the cut-off date for the purposes
of eligibility shall be 15th August, 2024. That being the clear
position emerging from the material on record, it cannot be
said that the reservation policy as was in vogue in the year
2023 would govern the admissions in question. Rather the
rules and regulations pertaining to the reservation as were
in force on 15th August, 2024 would govern the instant
admissions.
10) Viewed from any angle, we find no merit in this
petition and the same is, accordingly, dismissed.
(RAJESH SEKHRI) (SANJEEV KUMAR)
JUDGE JUDGE
Srinagar,
25.10.2024
"Bhat Altaf-Secy"
Whether the order is reportable: Yes/No
