J&K BOPEE Vs. SUNANDANI SHARMA

JUDGEMENT

(1.) The Board of Professional Entrance Examination (BOPEE) constituted under the J&K Board of Professional Entrance Examination Act, 2002, due to its casual and insensitive approach, has yet again subjected the meritorious candidate to incalculable sufferings. Sunandani Sharma, despite having obtained 155 marks, more than from Eshmeet Sudan and Tanzeela Aijaz (viz. 154 and 135 marks respectively) was deprived of free seat in BDS course in the Government Dental College Jammu. The selection process for undergoing BDS course and other professional courses was made by the BOPEE in the year 2012.

(2.) Despite securing higher merit than other two candidates, Sunandani Sharma was allotted the discipline of Bachelor of Ayurveda Medicines and Surgery (BAMS) in the payment category in the Jammu Institute of Ayurveda and Research, Nardani Raipur, Jammu. Eshmeet Sudan was allotted payment seat in BDS course in the institute of Dental Sciences and Charitable Trust Sehora, Jammu, whereas, Tanzeela Aijaz was granted admission under management quota seat in BDS Course in the same institute.

(3.) After third round of counseling, BOPEE in terms of notification dated 29.09.2012 upgraded Eshmeet Sudan in the discipline of BDS course from payment to free seat and was selected to undergo BDS course in Government Dental College, Jammu. In sequel thereto, Tanzeela Aijaz was upgraded to BDS payment seat for which she had to pay lesser fee than the management quota seat. Sunandani Sharma approached the BOPEE with a representation, who, in turn, rectified its mistake to the extent of Eshmeet Sudan and Tanzeela Aijaz, inasmuch as, their selection in terms of notification dated 29.09.2012 was cancelled by issuance of corrigendum dated 05.10.2012. However, Sunandani Sharma was not selected to undergo BDS course against free seat in view of merit secured by her.