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| Granting admission beyond cut off date cannot sustain scrutiny of law: DB | | | Jammu, July 7: In a LPA filed by BOPEE against the judgement and order dated 25th October 2017, delivered in the Writ Petition, bearing OWP no.901/2017, titled Dr Nazia Manzoor v. State of J&K and others, filed by the respondent no.1, disposing of the writ petition, observing that the order bearing no.203-BOPEE of 2017 dated 22nd September 2017 shall be ignored and directing respondent Board to consider the case of the petitioner for allotment of the MD Radio Diagnosis seat and to pass appropriate orders within one week, on the grounds set out therein.
A Division Bench of State High Court Comprising Justice Dhiraj Singh Thakur and Justice MK Hanjura observed that Supreme Court has unambiguously refused to extend the time for filling up the vacant seats in super-speciality, post-graduate and MBBS courses beyond the extent fixed by the Supreme Court i.e. 14th September 2017. In the instant case, the impugned judgement has been passed on 25th October 2017, which is totally beyond the time fixed by the Supreme Court and the cumulative effect of the foregoing discourse is that granting admission beyond the cut off date cannot sustain the scrutiny of law. Resultantly, the writ petition OWP no.901/2017, titled Dr Nazia Manzoor v. State of J&Kand others, filed by the respondent no.1 lacks in merit and as a corollary, the impugned judgement dated 25th October 2017 is liable to be set-aside. --(JNF) |
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