ANIRUDH SHARMA Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(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
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