Selection of Muslim in MBBS on SC Category

HC stays selection


Jammu, Aug 10: High Court stayed the selection of Shahbaz Khan S/o Abdul Majid who was selected for MBBS under SC Category.
In a petition filed by Rajwant Singh challenging the selection of Shahbaz Khan s/o Abdul Majid, for admission to MBBS course under SC category by the J&K Board of Professional Entrance Examination (BOPEE) vide notification No. 083-BOPEE of 2017 dated 03.08.2017.
Justice Janak Raj Kotwal of J&K High Court Jammu Wing after hearing Adv FS Butt for the petitioner whereas Deputy AG Asheesh Singh Kotwal for the BOPEE observed that Case set up by the petitioner, precisely and inter alia, is that respondent who professes Muslim religion, has been selected on the basis of the Category Certificate dated 1.2.2016 issued by the Tehsildar, Pouni, certifying that he belongs to a Scheduled Caste, contrary to the Reservation Act and Rules, as a person possessing Muslim Religion cannot be deemed to be a member of scheduled caste and further produce of a copy of public notice No. 60-BOPEE of 2017 dated 18.07.2017 whereby the BOPEE had earlier taken a decision that pending inquiry into the matter, respondent shall be treated as an Open Merit (OM) candidate for the purpose of NEET-UG Admission of 2017, which is taken on record. Counsel also refers to the copy of the public notice dated 25.7.2017, whereby BOPEE allowed the respondent to participate in the counseling process on the basis of SC certificate produced by on provisional basis. Under Section 2(m) of the J&K Reservation Act, 2004 'Schedule Castes' for the purpose of the Act means the castes specified in the Schedule to the Constitution (Jammu and Kashmir) Scheduled Caste Order, 1956 issued by the President under Clause (1) of Article-341 of the Constitution of the India. The Scheduled Caste Order, 1956 (Supra) clearly provides that "no person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of Scheduled Castes”.
Justice Janak Raj Kotwal after hearing counsel in length observed that Substantial and important question raised in this writ petition is, as to how, the Tehsildar, Pouni has issued SC certificate in favour of the respondent and how the BOPEE has relied upon the said certificate, ignoring the clear provision in the Schedule Caste Order, 1956. Prima facie, the certificate issued by the Tehsildar, Pouni and selection of the respondent under SC category dehores the rules and case for showing indulgence at this stage is made out and issued notice to the respondents in the meanwhile ordered that subject to objections and till next date before the Bench, selection of the respondent for admission to MBBS Course shall stay. JNF

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