AB RAQIB WANI Vs. STATE

JUDGEMENT

(1.) PETITIONER stands selected by respondent No.2, the J&K Board of Professional Entrance Examinations (for short Board) for B.V.Sc. course in the open merit category. In the merit list published by the Board vide notification No. 08 of 2003 dated 22 -07 -2003, he is placed at S.No. 124 whereas respondents 6 to 9 figure at S.Nos. 125, 126, 129 & 130 respectively. All the aforementioned selectee - respondents have been admitted to B.V.Sc. course in the open merit category against free seats in Sheri Kashmir University of Agricultural Sciences and Technology (for short SKUAST) Jammu, whereas petitioner stands admitted against a payment seat in SKUAST Kashmir notwithstanding the fact that merit -wise he had better position. To justify the action, it is contented by SKUAST that in the counseling, the petitioner had given preference to SKUAST Kashmir, therefore, disentitled to admission against free seats. The contention needs to be appreciated in the light of conditions relevant to the issue stipulated in the brochure, extracted hereunder:

(2.) A combined reading of the conditions stipulated in the brochure admit no ambiguity to the effect that the candidates have to be grouped together for selection against all the free seats in the descending order of inter se merit, obviously it is obligatory upon the respondents to offer free seats to the candidates having, comparatively, superior merit. Admitted position is that petitioner has higher merit to his credit yet he has been deprived of the free seat on the pretext of preference which is quiet contrary to the criteria reproduced hereinabove. It may not be inapt to mention that preference relied upon by the respondents is also not well founded as disclosed by the record. In this view of the matter, the last selectee has to vacate the free seat for the petitioner but there is respite for him traceable to the stand of the respondent No.2 evidencing the fact that a free seat is available at SKUAST Kashmir to which effect a statement was made by him before the court on 17 -03 -2005. Yet another circumstance to be taken note of is that as per pleadings, two candidates selected against free seats in SKUAST Kashmir have been admitted to MBBS course in July, 2004 rendering two free seats available. Suffice it to say that availability of a free seat is undisputed.

(3.) IN the aforementioned backdrop, the writ petition succeeds. It is allowed with a direction to the respondents to treat the petitioner to have been selected against free seat in SKUAST Kashmir and take necessary steps forthwith, if any, required towards obedience of the mandate of this judgment including refunding the fee. Disposed of along with CMPs. No order as to costs.