SHABNAM AHMAD WANI Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-1999-2-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 22,1999

SHABNAM AHMAD WANI Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (1.) Petitioner obtained a certificate of Resident of Backward Area from Deputy Commissioner, Anantnag-Respondent No. 2 on 1-7-1992, after the Deputy Commissioner, processed her application for R. B. A. certificate and got verification report from his subordinate officials including Assistant Commissioner (Revenue) Anantnag. Armed with this RBA certificate, she applied for admission to B. E. Course to Respondent No. 3, Competent Authority, pursuant to advertisement and notification inviting applications for the course for the year 1992. Respondents 5 and 6 were selected to the course under the reserve category of R. B. A. and the petitioner was left out, though she secured equal number of marks with the said two select respondents and in terms of the rules and information brochure, she had to get preference over Respondents 5 and 6 in so far as she secured more marks in math(s) than the other two respondents. The petitioner was left out on the alleged ground that on some complaint, her R. B. A. certificate was suspended pending inquiry on the report of Assistant Commissioner, Anantnag. The petitioner challenged the action of suspension of her certificate on number of grounds including lack of jurisdiction to suspend the certificate and the order having been passed at her back without affording her opportunity.
(2.) Petitioner while challenging the action of the respondents sought admission in B. E. Course in Regional Engineering College for the Session 1992. Respondents appeared and filed reply, but have contested the case. Alongside, on the very grounds petitioner moved C. M. P. 6740/92 for provisional admission in B. E. Course. This court after inviting objections and hearing the parties, passed a detailed order on 25-5-1993, in terms allowing the petitioner's prayer for provisional admission in B. E. Course, as under :-". . . . . . . . . . . In these circumstances, this C. M. P. is finally disposed of with a direction to the respondents to accord admission to the petitioner in B. E. Course provisionally subject to availability of seat in the said course which will be subject to final result of the writ petition or the enquiry regarding cancellation of the certificate under the category of RBAC. . . . . . . . . . . . . . . . . . . . ."
(3.) Pursuant to this order of the Court, petitioner has been admitted provisionally to B. E. Course in Regional Engineering College, Srinagar. She has been allowed to appear in examination and has completed all eight semesters. She has passed the final semester and because of the provisional admission is awaiting award of final degree. It may be noted that the petitioner has completed the B. E. Course, during pendency of the petition after succeeding in getting provisional admission in the College under the orders of the Court. The counsel for petitioner has moved CMP No. 1266/98, wherein, after giving the details of the case and referring to the orders and directions of the court, issued from time to time during last over five years, enabling the petitioners to complete the course, the petitioner is seeking regularisation of provisional admission and direction to University for issuance of academic certificate of B. E. Course to petitioner.;


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