WAJAHAT AHMAD MIR Vs. STATE

JUDGEMENT

(1.) For selection to various professional course including that of the MBBS, the Jammu and Kashmir Board of Professional Entrance Examination (hereinafter referred to as "Board") issued a Notification No. 26-BOPEE of 2010 dated 17-5-2010 which was published in daily "Greater Kashmir" in its issue dated 18-5-2010. The schedule reflected in the notification indicates the date on which application forms were required to be submitted on the basis of the Form Nos. The last date for receipt of form was 5-6-2010, which was extendable by 7-6-2010 with late fee. In terms of the guidelines laid down by the Board, 2% of the seats were reserved in respect of the candidates possessing outstanding proficiency in sports. The candidates seeking their selection from this category were required to approach the J & K State Sports Council (hereinafter referred to as Council) for the purposes of seeking allotment of points on the basis of their achievements made in Sports.

(2.) Accordingly, the J & K State Sports Council issued a notification dated 11-6-2010, allotting points to the said candidates, which includes the petitioner, on the basis of their performance in sports. The said notification reveals that 78 applications were received by the Council in response to the Notification dated 28-4-2010 and 1-6-2010 for allotment of points for outstanding proficiency in sports. Out of which 49 candidates were found eligible and considered for allotment of points for their outstanding proficiency in sports and 17 candidates were also found eligible for consideration of weightage in terms of points subject to authentication/ verification of their certificate by respective recognized National Sports Federation/State. Sports Association/Directorate of Youth Services and Sports within a period of one week from the date of issue of the notification. It is contended that the petitioner figures at S. No. 24 in the said Notification and his certificates were subject to verification by the Sports Council.

(3.) The Secretary, J & K State Sports Council vide its communication dated 25-6-2010 submitted a list of eligible sports category candidates together with the points awarded to their sports achievements in terms of Govt. Order No. 808-GAD of 2008 dated 17-6-2008,946-GAD of 2008 dated 15-7-2008 and 1090-GAD of 2008 dated 14-8-2008 by the Committee constituted in the said Govt, orders. The communication also mentions that the eligibility of certain more candidates shall be conveyed soon after the requisite clarification as sought by the Committee from the concerned National Sports Federations are received by this office. Thereafter Common Entrance Test for admission to under-gradu-ate professional course (MBBS) was conducted on 26th and 27th of June, 2010 after issuance of admit cards to the candidates. In consequence of conducting of examination, the Board issued select list for undergoing MBBS and other professional courses vide Notification No. 35-BOPEE of 2010 dated 2nd July, 2010. The petitioner is stated to have secured 149 marks in the aforesaid selection list under open category. Issuance of selection list was followed by counselling to be conducted by the Board so that allotment of disciplines/streams and institutions/ colleges are made in their favour. It seems that the petitioner was not called for counselling by the respondents, which necessitated him to file the present writ petition.