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General category candidates must secure 50% marks : DB Entrance for PG Diploma in Medical Courses 5/8/2015 10:56:02 PM Early Times Report Jammu, May 8: In a Letters Patent appeal filed by Bunch of Doctors seeking to quash the counseling schedule dated 05.04.2015 for provisional admission to PG/MS/PG Diploma and MD Courses, 2015 and for direction to select the appellants under the Rural Service Category as a reservation category by applying 40% qualifying marks in the Entrance Examination for admission to MS/MD/PG Medical Courses 2015-16, by calling them for counseling which was scheduled to be held on 13.04.2015, A Division Bench of State High Court Comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur today after hearing Sr. Adv ZA Shah with Adv A Hanan for the appellants whereas Adv GA Lone appearing for the BOPEE dismissed all the LPA with the observations that the candidates other than Scheduled Caste/ Scheduled Tribe and Other Backward Classes, must secure 50% marks in the Entrance Examination for qualifying themselves for admission to the PG Degree/Diploma in Medical Courses. The appellants, who are Doctors, applied for admission to PG/MS/PG Diploma and MD Courses, 2015 in terms of notification dated 08.01.2015 calling for application by the Jammu and Kashmir Board of Professional Entrance Examination ( for short 'BOPEE'). Their claim is that having served for a minimum period of five years in rural areas as Medical Officers, they constitute a reserved category and are required to obtain only 40% of minimum marks in the Entrance Examination and not 50% marks as prescribed for the Open Merit Category candidates for selection to PG/MS/PG Diploma and M. D. Course 2015-16. Division Bench after considering the submission of both the sides observed that The short point arises for consideration in these appeals is as to whether the appellants are justified in contending that their minimum marks in written test (eligibility) should be fixed as 40% for admission to PG degree/ diploma in medical courses for 2015-16 and it is not in dispute that the appellants are not claiming the benefit of reservation either under SC/ST/OBC. All the appellants are rural service candidates having obtained certificates from the Directorate of Health and Family Welfare and they have also applied for admission to the seats allocated under the open merit category, namely, 65% and rural service candidates (10%). Admittedly the appellants have not secured 50% and above marks in the qualifying written examination. The grievance as focused by learned senior counsel appearing for the appellants is that the appellants having applied also for 10% of the seats under Rural Service Candidates which is titled as one of the reserved categories in terms of the prospects, the minimum marks prescribed for reserved categories, namely, 40%, alone can be taken as a criteria for their provisional selection. Clause 5(I) and 5(II) of the prospects are relevant for deciding the issue. Division Bench further observed that as per note III of clause-6, the category wise distribution of seats is also mentioned which states that 65% (177 seats) are reserved for open merit category and 35% (94 seats) are reserved for reserved categories, of which 10% comes to Rule 13 to 16 of the Jammu & Kashmir Reservation Rules, 2005. With these observations Division Bench hold that the candidates other than Scheduled Caste/ Scheduled Tribe and Other Backward Classes, must secure 50% marks in the Entrance Examination for qualifying themselves for admission to the PG Degree/Diploma in Medical Courses and upheld the decision of the Single Judge.   Share This News with Your Friends on Social Network     Comment on this Story

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