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NEET PG counseling under un-amended Reservation Rule
DB upholds Writ Courts' decision
5/1/2018 11:56:43 PM

Early Times Report

Srinagar, May 1: In a LPA filed against the judgment of writ Court whereby Writ Court directed the Board of Professional Entrance Examination to conduct counseling of petitioners and other candidates for NEET PG-2018 in accordance with un-amended Rule 17 of J&K Reservation Rules, 2005, a Division Bench of State High Court Comprising Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey after hearing battery of senior lawyers disposed off the petition with the observations that the judgment impugned is maintained except for the modification to the extent that the quashment of Note 7 of Public Notice No.006-BOPEE of 2018 dated 03.02.2018 shall remain restricted only to the extent it refers to SRO 49 and not to SRO 48.
Division Bench observed that counsel for the appellants highlighted that the unamended Rule 17 of the J&K Reservation Rules has been operating harshly giving advantage to the reserved categories beyond proportions. Off late, situation has been taken serious note of which resulted in various amendments which include substitution of Rule 17 of J&K Reservation Rules.
DB further observed that confronted with the said position, learned counsel for the appellants would submit that online applications were submitted by all as one class irrespective of categories because as per Clause 13.2 of the Information Bulletin for National Eligibility cum Entrance Test (Post Graduate) for admission to MD/MS/Post Graduate Diploma Courses, 2018 Admission Session, the NBE shall be providing only the data of candidates and the marks scored by them in NEET-PG to the State Governments/Counselling Authority without applying the reservation prevalent in the concerned States/Private Medical Colleges/Institutes/ Universities.
After hearing the arguments of lawyers of different parties involved, DB observed that in the final analysis, for the reasons stated hereinabove and for the reasons recorded by the learned Single Judge, the judgment impugned is maintained except for the modification referred to above.
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