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| HC directs state to allocate MBBS seat to petitioner | | In case seat is not allocated from central pool, CS will pay Rs 25 lakh to petitioner | |
Early Times Report
Jammu, July 18: A high court division bench of Justice Muzaffar Hussain Attar and Justice Janak Raj Kotwal today directed the state to allocate MBBS seat to the petitioner from the central pool.
In case the seat is not allocated to the petitioner, J&K chief secretary would pay him rs 25 lakh, the court directed.
The HC directive came in an LPA filed by Owais Mehmood against the Writ Court judgement whereby it had dismissed his petition, seeking respondents to allow him to undergo MBBS course in NCCB Medical College, Jabalpur, Madhya Pradesh, or Darbhanga Medical College, Lehariassrai, Bihar, as he is duly selected at Serial No 2 in Central Pool of MBBS under category-III in the colleges outside J&K for 2012-13 in pursuance of Notification No 55-BOPEE of 2012 dated September 7, 2012 and also seeking quashment of the order by which the respondents had deleted his name from the array of the selected candidates and selected Anandiya Razdan who is less meritorious and figures at Serial No 3 in the selection list and also seeking directions to the respondents restraining them to allow her to join the course against his seat.
A high court division bench of Justice Muzaffar Hussain Attar and Justice Janak Raj Kotwal observed that Justice is overawing, over imposing and overwhelming feature of life and justice transcends all manmade barriers and it denudes injustice of all its lethal effect and justice essentially is all pervasive legal force; its administration is guided by rules of nature and is tempered with compensation and set-aside the judgment of writ Court with the direction to respondents selection/ admission of Anandiya Razdan to MBBS course from amongst the central pool seats, is maintained and it is provided that she shall be allowed to complete her MBBS Course in accordance with rules.
The bench also directed respondents to allocate one MBBS Seat and select Owais Mehmood against the same for undergoing MBBS course in a Medical College outside J&K from amongst the seats allocated to the state out of central pool for the session 2015-16 within two weeks.
The bench observed that "migration of a person from his home and hearth, for whatever cause, results in his displacement from the environs he cherises to live n, which otherwise is his birth right and all earnest efforts made by a responsible government to provide succour to such a displaced person to enable him to survive in different environment, and all further efforts made to shape up future of such a person may be a temporary allurement, but these efforts would not be sufficient to soothe his injured sentiments to act as a balm to his ruffled feelings. Whatever worldly possessions he may attain, his soul will keep crying until such time he returns to his roots.
HC observed that this case was on hand throws up one such instance, in which the central government has earmarked MBBS seats from the central pool for accommodating the candidates of those families who migrated from their home place when the state of J&K more particularly Kashmir valley was ushered into abnormal circumstances in the year 1989-90.
While directing state to allocate MBBS seat to Owais, the bench observed that on failure of respondents to allocate the seat from out of central pool for the session 2015-2016 and on the failure to select the appellant, the J&K chief secretary shall pay an amount of Rs 25 lakh to the petitioner.
With these observations, the bench allowed the appeal and set-aside the judgment of the writ court.
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