| High Court strikes down blanket reservation in J&K colleges | | Non-domicile students can now fill vacant BPT, AYUSH seats; Court says wasting seats is against national interest | |  Early Times Report
Jammu, Oct 27: In a landmark ruling, the High Court of Jammu & Kashmir and Ladakh has ruled that 100% domicile-based reservation in admissions to private medical and paramedical colleges is unconstitutional if it leads to wastage of seats. The Court directed that once local quota is exhausted, unfilled seats must be opened to students from outside the Union Territory.
The verdict, pronounced by Justice Sanjay Dhar, came while deciding petitions filed by the Jammu College of Physiotherapy and the Jammu Institute of Ayurveda and Research, both of which had challenged government orders restricting admissions exclusively to J&K domiciles.
The petitioners argued that insisting on NEET scores for Bachelor of Physiotherapy admissions, despite no statutory requirement, along with the domicile rule under S.O. 175 of 2020, left a majority of seats vacant each year, causing financial strain and loss of resources.
Justice Sanjay Dhar upheld the government’s right to regulate admissions through NEET, saying merit-based selection is essential to maintain academic standards. However, it ruled that forcing 100% domicile reservation violates Articles 14 and 19(1)(g) of the Constitution. Citing earlier Supreme Court rulings, the judgment stressed that domicile-based reservation cannot exceed 70 percent and that leaving seats vacant amounts to “a national waste of resources” detrimental to both institutions and society.
The Court ordered that admissions to BPT courses will continue through NEET scores, but BOPEE may lower cut-offs to ensure seats are filled. It also directed that if sufficient domicile candidates are unavailable, the domicile rule shall be relaxed and seats offered at the all-India level. Provisional admissions made under interim court orders were also regularized. (JNF) |
|
