HC directs BOPEE to provisionally admit petitioner in reserved seat of MS Anatomy in GMC Jammu

30/07/2020

Jammu, JulY 29: Justice Ali Mohammad Magrey directed to provisionally admit the petitioner Dr. Naseem Chauhan in the reserved seat of MS Anatomy in Government Medical College (GMC), Jammu, which, however, shall be subject to final outcome of this Writ petition. Principal, Government Medical College (GMC), Jammu, shall allow the petitioner to join the aforesaid course. It is made clear that mere provisional admission of the petitioner to the aforesaid course of MS Anatomy shall not confer any right on her to seek permanent admission to the said course, which shall be subject to final orders of this Court. Besides, this direction shall not form any basis for any of the competing candidates for claiming the aforesaid relief, notwithstanding the final decision in this Writ petition. This significant order has been passed in a petition The petitioner claims to have appeared in the examination for admission to MD/MS/PG diploma course, conducted by the NEET, under Scheduled Tribe Category and under Roll No. 2066007994. It is stated that the petitioner has secured 232 points in the said examination, obtaining 127822 rank in the All India merit in the said category. After the result was declared, it is stated that the respondent-Board of Professional Entrance Examination (for short "BOPEE") started the process of counselling as per the result sheet for allocation of seats and disciplines to the candidates and that insofar as the General Category candidates are concerned, the cut-off score has been shown as 275 score, whereas with respect to the candidates belonging to reserved Category of SC/ST/OSC/ RBA/ALC, the cut-off score is reflected as 230. It is contended that the petitioner's score was 232, hence she was eligible for counselling as a candidate under reserved category of Scheduled Tribe (ST), but since the petitioner, a Doctor by profession, was diagnosed with "CHOLELITHIASIS" (Gall Bladder Stone), the Doctors, therefore, advised her to undergo surgery scheduled on 19th of July, 2020. It is stated that before going for such Surgery, the petitioner was prescribed to undergo a number of tests, including the one for COVID-19, which the petitioner, as stated, underwent on 16th of July, 2020 at Government Medical College, Jammu, report whereof was received on 18th of July, 2020 as negative. It is contended that faced with this health position, the petitioner could not attend the counselling on the scheduled date and, as such, she, accordingly made a detailed representation before the Chairman, BOPEE on 19th of July, 2020, detailing out all the aforesaid facts. This representation, as stated, was not considered by the Chairman, BOPEE, as such, the petitioner claims to have been constrained to file the instant petition before this Court on 20th of July, 2020, on which date, the petition could not be considered.

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