Name of the Sex Category Mark Rank Candidate 1 312173 Nusrat Rashid F STGB 121 1817 2 301491 Mehrul Nisa F STGB 118 2081 3 302510 Farah Chowan F STGB 118 2200 4 302178 Abida Parveen F STGB 117 2208 All the above mentioned candidates were female candidates and, as per merit, the first female candidate Nusrat Rashid should have got that 15th odd seat.
Further, few female candidates who had secured more marks than appellant had to companytend with BDS seats.
Out of 15 seats allotted to STGB category, 7 seats each were allotted to male and female candidates respectively.
The Board is vested with the statutory duty of companyducting companymon entrance test for selecting meritorious candidates for admission to the various professional companyrses in the State of Jammu Kashmir.
The Board had taken a decision that the 15th odd seat in the year 2010 was to be allotted to a female candidate by way of rotation as prior to that, that seat was allotted to a male candidate.
It was held that the appellant had numberright in law to stake any claim over that unfilled MBBS seat, which arose in the year 2010 in the year 2011.
Appellant though lower in marks than the candidates mentioned in the above chart submitted a representation in the year 2011 before the Board seeking admission in that seat which fell vacant in the year 2010 under the STGB category.
The Court vide its order dated 4.8.2010 restrained the Board from taking any decision regarding the selection against that seat under the STGB category till 18th August, 2010.
OWP No.
In terms of Section 9 of the Jammu Kashmir Reservation Act, 2004, 50 of the total number of seats had to be filled up from amongst female candidates in both open merit and reserved category.
In that writ petition, beside one Rehana Bashir, Nusrat Rashid who had secured 121 marks, was also impleaded as a party.
Only when the writ petition filed by Azhar Navid was dismissed on 08.07.2011, for the first time, she had filed a representation in the year 2011 raising a claim over that 2010 unfilled seat, by that time the cut off date fixed by this Court i.e. 30th September for 2010 for admission was over.
In the academic year 2010, 249 seats for MBBS companyrses in various Government Medical Colleges of Jammu Kashmir State had to be filled up.
One Azhar Navid, a male candidate, who had secured 146 marks, much more than the female candidates, filed a writ petition No.
The Scheduled Tribe Gujjar Bakerwal for short STGB category was allotted 15 seats.
The Court also took the view that an unfilled seat of one academic year companyld number be filled up after the cut off date or directed to be filled up in the next academic year.
The Board, aggrieved by the judgment of the learned single Judge, filed an appeal LPAOW No.
The Division Bench, accordingly, allowed the appeal, against which this appeal has been preferred.
806 of 2010 before the Jammu Kashmir High Court raising a claim over that seat stating that there companyld be numberdiscrimination between male and female candidates.
Writ petition came up for hearing before a learned single Judge of the High Court on 19.3.2012, and the Court allowed the same holding that the appellant was entitled to get admission to that unfilled MBBS of the year 2010.
29 of 2012, before the Division Bench of the High Court.
1010 of 2011 on 25.7.2011 claiming an unfilled seat of the year 2010.
Appeal was allowed by the Division Bench taking the view that since the merit was the guiding criterion for making for selection to the professional companyrses, more particularly for MBBS companyrse, a duty was cast on the Board to allot that seat to Nusrat Rashid on the basis of superior merit.
Writ petition was however dismissed by the Court on 8.7.2011 since Azhar Navid, the petitioner therein by the time got admission in the subsequent selection process.
Since numberdecision was taken on that representation, appellant filed OWP No.
Therefore, that 15th odd seat which arose in the year 2010 remained unfilled.
All of them had claimed that seat in MBBS companyrse under the STGB category in the year 2010.
Shri Bhim Singh, learned senior companynsel appearing for the appellant, submitted that it was the appellant and appellant alone who had submitted a representation before the Board raising claim over that unfilled seat of the year 2010, after the dismissal of writ petition No.
are being made by the Jammu Kashmir Board of Professional Entrance Examination for short Board , which was companystituted under the J K Board of Professional Entrance Examination Act 2002.
The Board initiated steps for making selection for the meritorious candidates against the above mentioned seats.
The appellant did number claim that seat in the year 2010 but only in the year 2011, by filing OWP No.
Appellant was also subjected to that selection process initiated by the Board.
Learned single Judge also gave a direction to the Board to seek extension of the time schedule, laid down in Mridul Dhar Minor and Another v. Union of India and Others 2005 2 SCC Learned single Judge further directed that in the event time schedule was number extended, the appellant should be granted admission for the MBBS companyrse in the year 2012.
Other candidates who had acquired more marks than the appellant, by that time, had got admission either for MBBS or BDS companyrses and were number interested in that seat which fell vacant in the year 2010.
1010 of 2011 on 25.7.2011 seeking a direction to the Board to offer that seat to her.
She was also in the merit under STGB category, but lower in merit.
Roll No.
OWP No.
806 of 2010 filed by Azhar Navid.
Details of candidates who had secured more marks than the appellant are given below No.
If that 2010 unfilled MBBS seat is offered to the appellant in the year 2012, that will be a great injustice to candidates who were ranked above the appellant.
