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| For sports quota seat in BOPEE points to be forwarded by council: HC | | | Early Times Report
Jammu, July 26 : High court judge Tashi Rabstan today said 'if a person applies for any seat in BOPEE under sports category, claiming outstanding proficiency in a game, he is required to submit his certificate to the sports council secretary for awarding him points which will then be officially forwarded to the board by the council'.
"It is clearly provided that the board shall not be responsible where a candidate fails to submit certificates to the sports council or the sports council fails to forward the points of a candidate to the board. It will be the sole responsibility of the candidate to ensure that his sports points are forwarded by the council to the board," he directed.
The court directive came in a petition filed by Himshee Mansotra who had appeared in the common entrance test and thereafter respondents 2 to 4 declared her result and showed her ranking at serial No 1181. She was declared to have obtained 90 marks out of 177 marks, percentage of which is 50.85. However, it was contended by the petitioner that no points on account of sports category were awarded to her. In this regard, she approached respondents 2 to 4 and requested them to alter her merit position by awarding necessary sports point to her, but her request was not at all entertained on the ground that she should have obtained the sports points from the sports council as per the impugned condition envisaged in the advertisement notification and seeking quashment the condition with regard to furnishing of sports category certificate by the candidates applying under sports category to the J&K Sports Council, as contained in the advertisement notification dated February 16, 2015 being ultra virus the provisions of law.
Justice Rabstan observed that proviso-II of which would reveal that a candidate applying under sports category and claiming outstanding proficiency in sports was required to submit his certificate to the secretary, J&K Sports Council, for awarding points which would then officially be forwarded to the board by him.
"It is not the case of the petitioner that she had applied for evaluation of her sports points to the sports council in compliance with Rule 6 for submitting her certificate within the stipulated period nor is it her case that the council had in any manner failed in its duty to forward her sports points to BOPEE. It is in this background that the petitioner has not claimed any such relief. Otherwise also, in view of the fact that she has not challenged the validity of the Rule 6 of the J&K Board of Professional Entrance Examination, Rules, 2014 which are statutory in nature and have been framed by the government in exercise of its power conferred upon it by section 23 of the J&K Board Professional Entrance Examinations, Act 2002. The challenge to the impugned condition of the notification, which only gives effect to the aforesaid statutory rules, cannot be sustained," he said. With these observations, the court dismissed the petition. (JNF)
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