JUDGEMENT
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(1.)PETITIONER stands selected by respondent No.2, the J&K Board of Professional Entrance Examinations (for short Board) for B.V.Sc. course
in the open merit category. In the merit list published by the Board vide
notification No. 08 of 2003 dated 22 -07 -2003, he is placed at S.No. 124
whereas respondents 6 to 9 figure at S.Nos. 125, 126, 129 & 130
respectively. All the aforementioned selectee - respondents have been
admitted to B.V.Sc. course in the open merit category against free seats
in Sheri Kashmir University of Agricultural Sciences and Technology (for
short SKUAST) Jammu, whereas petitioner stands admitted against a payment
seat in SKUAST Kashmir notwithstanding the fact that merit -wise he had
better position. To justify the action, it is contented by SKUAST that in
the counseling, the petitioner had given preference to SKUAST Kashmir,
therefore, disentitled to admission against free seats. The contention
needs to be appreciated in the light of conditions relevant to the issue
stipulated in the brochure, extracted hereunder:
"(J) Merit List: The list of candidates, who appear in the Entrance Test drawn up in the descending order of inter se merit. Note: The candidate must mention his/her option for courses/college(s) in order of preference in the application form. The candidates will be first considered for selection against the available seats in Government Colleges and against all the free seats in the Private Colleges. Only such candidates will be considered, in order of merit, against the payments available in the private colleges as do not fall within the merit of free seats in Government and Private Colleges. Allocation of Colleges/Branches will be done by counseling after the publication of results. (Emphasis supplied)
(2.)A combined reading of the conditions stipulated in the brochure admit no ambiguity to the effect that the candidates have to be grouped
together for selection against all the free seats in the descending order
of inter se merit, obviously it is obligatory upon the respondents to
offer free seats to the candidates having, comparatively, superior merit.
Admitted position is that petitioner has higher merit to his credit yet
he has been deprived of the free seat on the pretext of preference which
is quiet contrary to the criteria reproduced hereinabove. It may not be
inapt to mention that preference relied upon by the respondents is also
not well founded as disclosed by the record. In this view of the matter,
the last selectee has to vacate the free seat for the petitioner but
there is respite for him traceable to the stand of the respondent No.2
evidencing the fact that a free seat is available at SKUAST Kashmir to
which effect a statement was made by him before the court on 17 -03 -2005.
Yet another circumstance to be taken note of is that as per pleadings,
two candidates selected against free seats in SKUAST Kashmir have been
admitted to MBBS course in July, 2004 rendering two free seats available.
Suffice it to say that availability of a free seat is undisputed.
(3.)IN the aforementioned backdrop, the writ petition succeeds. It is allowed with a direction to the respondents to treat the petitioner to
have been selected against free seat in SKUAST Kashmir and take necessary
steps forthwith, if any, required towards obedience of the mandate of
this judgment including refunding the fee.
Disposed of along with CMPs. No order as to costs.
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