Decided on November 05,1999

Syed Javed Ahmad Bihaqi Appellant


- (1.) The Principal Government Medical College, Srinagar on 10.3.1986, invited applications from eligible candidates for selection and admission to MD/MS Course in various specialities offered at Government Medical College, Srinagar. The procedure for selection for the P.G. Course in the Medical College at Jammu and Srinagar as in 1986 is covered by Government Order No. 102-HME of 1986 dated 6.2.1986. The petitioner applied for M.D. Course in the discipline of ENT. After the closing date of 12.4.86, another Government Order No. 267-GR-HME of 1986 dated 25.4.1986 was issued which in terms inter alia changed the allocation/award of marks under the head 'Rural Service' from 1 point for each year of rural service to 1 point for each six months of rural service, subject to maximum of 15 points. The petitioner was not selected. He has challenged this selection inter-alia on the basis of allocation of marks for rural service under the said Government order after the date for receiving applications was for the said post graduate course.
(2.) A coordinate Bench of this Court on 13.3.1991 passed following order :- "J. Andrabi, Mr. Andrabi refers to order passed in Writ Petition No. 87/91 by this Court on 15.2.91 and submits that present petition involves identical questions of law and facts. On the analogy of the aforesaid order it is directed that notice to show cause returnable within six weeks be issued to the respondents and in the meanwhile it is directed that the petitioner be granted provisional admission in MS (E.N.T) in the Medical College, Srinagar. This provisional admission however shall remain subject to ultimate result of the writ petition. List after six weeks." Pursuant to the above provisional order, the petitioner was admitted to the Post Graduate Course in the discipline of ENT in Medical College, Srinagar. The AAG concedes that the petitioner has completed the course long back and has been also awarded M.Sc. Degree in the discipline of ENT. The case even in its 10th year is yet to cross the admission stage.
(3.) Mr. Kawoosa, AAG, submits that many other like cases have been disposed of after the admission to the MD/MS Discipline has been made absolute. The record reveals that the respondents have taken no steps, whatsoever, for vacation of the said provisional order. The petitioner having completed the course and obtained the degree, it appears in the facts and circumstances of this case, quite unjust and inequitable to dislodge petitioner at this stage having already completed the course and obtained degree. In AIR 1990 SC 1220, it has been observed :- "Since the respondents students stand already admitted and the more meritorious students cannot now avail of the seats given to the respondents due to lapse of time, we do not propose to interfere with their pursuit of the course and dismiss the appeals". In similar circumstances this court regularised admission to MD/M.Sc. Course of six Doctors on 6.4.1998, in a group of cases with lead case OWP 87 of 91 (Dr. Mufti Mohd. Ahmad v. State and ors.), after following D.B. Judgment in State of J&K v. Radhika Nargotra & ors., 1993 SriLJ 257.;

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