It is the case of the Society that after the interviews were so held, a merit list was prepared on basis of the percentage of marks secured by the applicants at the Higher Secondary School Examiantion or equivalent examinations and the marks secured at the interview.
Some students seeking admission in the medical companylege in question,, filed a writ petition before the High Court of Jammu Kashmir making a grievance in respect of failure on the part cf the State Government to frame necessary rules guidelines to regulate admission to the medical companylege of the Society which had deprived them of the opportunitv of seeking admission against the merit seats or the payment seats.
A proposal was submitted to the State Government for setting up a medical companylege and a private hospital in Jammu, in the year 1988 The State Government allotted 356 kanals of land for the proposed medical companylege and charitable hospital.
In so far as the reservation of the seats for persons claiming companystitutionally permissible reserved, the SRO issued by the State of JK in relation to the reservation of seats shall be followed.
Appellant No.1 Shri Chander Chinar Bada Akhara Udasin Society hereinafter referred to as the Society is a society registered under the J K Society Registration Act, the primary object being to promote medical education by establishing medical companyleges, hospitals and child welfare centres.
The State Government had issued an advertisement on 6.7.1995 inviting applications from eligible candidates for appearing at the entrance test for admission to the two governments medical companyleges.
The report of the Selection Committee was forwarded on 19.12.1995, which was placed on the numberice board on 20.12.1995.
In so far as the fixation of the scale of fee payable by these students, the State Govt.
By an order dated 27.11.1995, the learned single Judge companystituted a Committee companysisting of Mr.Justice J.N.Bhat, Rtd.
At least 50 of the seats out of the 100 seats shall be filled up by the numberinees of the Govt.
An advertisement was issued on 4.12.1995 inviting applications from eligible candidates in respect of the following four categories a 50 merit seats from permanent resident of the State of JK b 20 payment seats from permanent resident of the State of JK c 15 payment seats from candidates outside the State of JK and d 15 from NRIs and foreigners.
aforesaid of the learned single Judge, had been filed on behalf of the State Government, which was listed before the Division Bench on 27.12.1995.
The teaching companymmenced from 26 12.1995.
selection and announce the results on or before 17th April, 1996.
On the basis of the caveat filed on behalf of the Society, the parties were heard on the aforesaid date.
Inspection was made by the representatives of the Medical Council of India in respect of infrastructure including the teaching facilities.
It is true that when the Society requested the State Government to frame necessary rules guidelines to regulate the admissions in the medical companylege of the Society, the State Government should have taken appropriate and immediate steps and there was numbersense in shelving the said issue by ignoring it outright.
The first meeting of the aforesaid Committee is said to have been held on 29.11.1995.
A Letters Patent Appeal against the order dated 27.11.1995.
which was necessary in view of the judgments and Orders of this Court for filling up the merit seats and the payment seats It is further the case of the Society that when people of the State of J K learnt about the medical companylege of the Society, they approached the management for seeking admission and some applications were also submitted to the management.
But while issuing such advertisement the State Government did number invite applications for the admission into the medical companylege of the Society.
Candidates so selected were admitted between 20.12.1995 to 25.12 1995.
The State Government recommended to the Jammu University for grant of affiliation to the proposed medical companylege to be set up by the society.
In the order, the learned Judge observed that the selection Committee may companyduct oral interviews of the candidates for short listing the applicants on basis of their inter se merit.
These students shall be selected on the basis of merit determined on the basis of merit list by such criteria as may be determined by the Competent Authority or appropriate Authority as the case may be.
A further allotment of 250 kanals of land is said to have been made by the State Government.
The date for holding the companymon entrance viva voce examination is fixed as 10th April, 1996.
The State Government also requested the Medical Council of India to grant approval recognition to the said medical companylege.
However, numberaction was taken on such applications, as numberinstructions had been received from the State Government.
The order of the learned single Judge was set aside.
In due companyrse temporary recognition of the institution was granted.
After hearing the parties, the appeal filed on behalf of the State Government, was admitted and the operation of the order of the learned single Judge was stayed.
J U D G E M E N T P.SINGH,J Leave granted.
A direction was given to the said Committee to immediatley proceed with the selection process for admission of students in the Ist year MBBS companyrse of the said medical companylege.
or University as the case may be, hereinafter referred to as free seats .
The last such companymunication was addressed by the Society to the State Government on 17.10.1995 saying that although it had got recognition from the Government of India, but numberrules regulations were being framed by the State Government for admissions to the said medical companylege.
From the judgement of the Division Bench, it.
The present appeals have been filed against the said judgment of the Division Bench.
The number of 100 seats shall be filled up by selecting candidates from the order of merit.
In the brochure published by the State Government for information to the candidates, who may be willing to seek admission, numberhing was said about the medical companylege in question.
shall appear that after taking into companysideration the different aspects of the companytroversy as well as the predicament of the students who claimed to have been admitted in the medical companylege aforesaid, the following directions were given To companyclude, companysidering these several aspects, we make the following orders These appeals are allowed.
The appellant society was impleaded as a respondent to the said writ petition.
Judge of JK High Court Chairman.
lnspite of the several opportunities being given to the state government, numberaffidavit on their behalf was filed.
The allotment of students against payment seats shall also be done on the basis of inter semerit determined on the same basis as in the case of free seats.
Ultimately, the Appeal filed on behalf of the State and the appeals filed on behalf of others were allowed on 22.3.1996.
All necessary records and information were placed before the High Court.
The selection list so prepared shall be got published in atleast two leading local dailies of Srinagar and Jammu and it shall also be displayed at the office of Competent Authority, Entrance Examination in Jammu and Srinagar.
The advertisement was published in the Indian Express in its issue dated 4.12.1995 In the said advertisement, 11.12.1995 was fixed as the last date for receipt of the applications saying that the interviews of the candidates shall be held between 15.12.1995 and 17.12.1995.
Out of 100 marks awarded for selection of the candidates, 75 shall be for academic qualification and 25 shall be for companymon Entrance Viva Voce Examination.
to the eligible candidates shall be supplied by the 8th April, 1996.
The remaining 50 of the seats payment seats shall be filled up by those candidates who are prepared to pay the fee prescribed therefor and who have companyplied with the instructions regarding deposit and furnishing of cash security Bank guarantee for the balance of the amount.
Counter affidavit was filed on their behalf.
The Competent Authority shall make.
An option was given to invite or call for applications by publication through recognised modes including issuance of an advertisement in at least one leading newspaper having wide circulation.
Mr. A.M.Watali, former member JK Public Serv ice Commission Dr.Krishan lal Gupta, Former Director, Health Services, J K state Prof.Vidya nath Gupta, formerly Prof. and Head, Department of Hindi University of Jammu Member.
