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HC directs BOPEE to strictly comply with Reservation Rules
6/1/2015 11:55:40 PM
Early Times Report

Rajouri, June 1: In a petition seeking quashment of Notification No.15-BOPEE of 2015 dated 23.04.2015 and Notification No.12-BOPEE of 2015 dated 10.04.2015 issued by the J&K Board of Professional Entrance Examination; notifying the dates for counseling of professional courses to the extent of candidates having qualified against the Open Merit/Reserved Category seats for allotment of MD/MS & PG Diploma seats in Government Colleges and in ASCOMS, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Adv Abhinav Sharma appearing for the petitioners whereas Deputy AG PS Chandel appearing for the state whereas Adv Anil Sethi appearing for the BOPEE, observed that It is to be seen that allotment of MD/MS & PG Diploma Seats in Government Colleges in terms of counseling is yet to be done, therefore, it would be premature to allege that BOPEE is not following the mandate of Rules 15 & 17 of the Reservation Rules, that too when Controller of Examinations, BOPEE has specifically deposed that there would be no defiance to Rules 15 & 17 of the Reservation Rules while allotting seats to reserved category candidates in terms of Rule 17 and maintaining the ratio of 35% in terms of Rule 15.
Justice Tashi Rabstan after hearing Adv Abhinav Sharma appearing for the petitioners, disposed of the petition with the direction to BOPEE , to strictly comply with the mandate of Rules 15 & 17 of the Reservation Rules in maintaining the ratio of 65:35 and allotting the seats to reserved category candidates as per the past practice/precedent. While doing so, the respondents would also take into consideration the latest judgment of the Apex Court.
While disposing of the petition, Justice Tashi Rabstan observed that the specific case of petitioners is that the respondents are not maintaining the ratio of 65:35 in terms of Rule 15 of the Reservation Rules while initiating the selection process for provisional admission to various MD/MS & PD Diploma Courses. Their further stand is that the respondents are also not adhering to Rule 17 of the Reservation Rules and the interest of reserved category candidates is not being protected by them while notifying the dates for counseling of afore-mentioned professional courses. Whereas, the specific stand of BOPEE is that there was no defiance to Rules 15 & 17 of the Reservation Rules, the same are being followed in their true spirit, as proportionate division of seats for each discipline has already been made in the ratio of 65:35.
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