Decided on September 26,1986

Anirudh Sharma Appellant
STATE OF JANDK Respondents


- (1.) PETITIONERS had approached the Supreme Court of India through the medium of Writ Petition Nos. 242 and 356 of 1986. It is stated that after the counter was filed by the State. Supreme Court had directed the petitioners to approach the High Court under Art. 226 of the Constitution and made the following observations: "We feel that this is a matter which should have been filed before the High Court under Article 226 of the Constitution. The petitions are disposed or reserving the liberty to petitioners to approach the High Court. If the petition is filed in the High Court the High Court should deal with it and dispose it of expeditiously since sometime has already been spent in this court."
(2.) THE petitioners thereafter approached this court under section 103 of the Constitution of Jammu and Kashmir read with Art. 226 of the Constitution of India. In this writ petition selections made to the MBBS Course in the Govt. Medical College Srinagar and Jammu and Lucknow for the session 1985 -86 is being challenged. The said selection is termed as illegal and bad and violative of Articles 14, 15 (1) and 29 of the Constitution of India. Further a writ of mandamus is sought directing the respondents 1,4 and 5 to grant admission to the petitioners to the VBBS Course of the two medical colleges of the State
(3.) IN view of the observations made by the Supreme Court as regards expeditious disposal of the case the writ petition was desired to be decided with reasonable dispatch by this court. Before coming to the facts of the case, it is necessary to advert certain events which had taken place during the pendency of this writ petition and which constrained this court to close the defence of the respondents. The Writ Petition was admitted on 135.1986. Mr. MH Beg learned Advocate General accepted notice on behalf of the official respondents on that date before the Division Bench. Other respondents who are likely to be affected by this writ petition were ordered to be served. The service was declared complete. Postal receipts as also service affidavit was filed by the learned counsel for the petitioners and the case came up before this court on 29.8.1986. On that date Mr. Bilal Nazki Dy. Advocate General appeared before the court. He undertook to file the counter on or before 5.9.1986 and the case was ordered to be listed for hearing on 5.9 1986. Petitioners had contended that they would not file any rejoinder in reply to the counter filed by the respondents. The Dy. Advocate General was also directed to keep the record pertaining to the admission of the 1st. Year MBBS Course, details where of were mentioned in para 5 of the CMP filed by the petitioners, available before the court.;

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