RIAZ AHMED DR Vs. COMPETENT AUTHORITY
LAWS(J&K)-1993-3-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 24,1993

RIAZ AHMED Appellant
VERSUS
COMPETENT AUTHORITY Respondents





Cited Judgements :-

B NARASIMHA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2007-5-11] [REFERRED TO]


JUDGEMENT

- (1.)Heard.
(2.)Clause (5) of the J. and K. Medical Colleges (Selection of Candidates Postgraduate Courses) Procedure Order, 1989 (SRO-3 of 1989 dt. 3-1-1989) is sought to be quashed on the ground of being violative of Art. 14 of the Constitution and a direction is prayed to be issued to the respondents to allow the petitioners to compete in the entrance examination for admission to various Post-graduate Courses in the two States run medical colleges. It is submitted that the petitioners are qualified MBBS doctors having obtained MBBS degrees and are engaged in medical service of the Govt. of Jammu and Kashmir. The petitioners are stated to have been deprived of sitting in the entrance examination for admission to MD/MS/Diploma courses 1992 on the basis of the aforesaid offending clause of SRO-3 of 1989 which, inter alia provides that the candidates with more than two failures in the MBBS shall not be eligible for any Post-graduate (PG for short) course under the said order. It is contended that there is no intelligible differentia between the doctors having more than two failures and the other doctors in the context for the purpose of allowing them to sit in the entrance examination for admission to the PG courses.
(3.)In the objections filed it is submitted that as no fundamental or legal right of the petitioners has been infringed the petitioners are liable to be dismissed. The issuance of notification in pursuance to SRO-3 of 1989 is not disputed. It is submitted that cl. (5) was incorporated with a view to have uniform approach and for the purposes of bringing at par the standard of selection with other prestigious institutions of the country. The purpose and object of the impugned clause is proclaimed to be selecting most meritorious candidates out of large number of candidates who are desirous of competing for the selection to the PG courses. The fact that the petitioners were in possession of MBBS degrees and in service of the State Govern- ment has not been denied. Some of the petitioner are stated to have been allowed to appear in the entrance test provisionally subject to objections/result of the writ petitions. The relevant clause is stated to be legal, valid and according to law.


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