Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Medical courses |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Medical courses-State of Jammu and Kashmir-Post Graduate Entrance Examination conducted in 1995-96-No other entrance examination held-After select list was issued, such of the unsuccessful candidates, who had last participated in 1995 test continued to get selected for admission to various courses year after year-Consequently candidates who passed MBBS examination after 1996 had no chance to compete and pursue Post Graduate Courses-Writ petition filed by applicant in High Court of J.K. seeking enforcement of S.R.O. No. 158 dated 12th July, 1995-Said S.R.O. provided for holding of entrance examination every year and also prescribed the life of waiting list to be one month from the date of regular admission-Beside appellant other candidates also filed a writ petition-As a result of orders made in both the writ petitions, selections for admission, from amongst the 1995-96 candidates, on the waiting list, were stayed-Consequently State was required to hold Competitive Entrance Examination to fill seats in Post Graduate Courses for 1999-2000 Academic Session-Orders passed in both the writ petitions challenged in Letters Patent Appeals-The Division Bench gave two interim directions (1) the process for holding fresh Entrance Examination by Competent Authority for vacancies in P.G. Degree/Diploma Courses be stopped till otherwise directed (2) Candidates possessing higher merit than those who had already been admitted against direct and reserved categories be allowed admission, in case their merit is higher than those who had already been admitted in the respective disciplines to which the petitioners have applied-Both these directions impugned before this Court-Held both the directions cannot be sustained-All the Writ Petitions and Appeals pending in the High Court of Jammu & Kashmir shall be clubbed together and all such cases shall be heard and disposed of within the next three months-The competent authority shall conduct an entrance examination for selection of Doctors for admission to Post Graduate Degree and Diploma Courses on the basis of their merit expeditiously in accordance with SRO No. 158-All eligible candidates whether in the earlier selection list or not shall be entitled to take part in the said entrance examination- Rules relating to reservation of seats, to the extent permissible in law and applicable, shall be respected by the authorities at the time of making selections and-admissions-These directions shall not be construed as setting aside the admissions already granted to candidates. |
Judge | N/A |
Neutral Citation | 2000 INSC 435 |
Petitioner | Dr. Vikrant Parihar |
Respondent | State Of Jammu And Kashmir And Ors. |
SCR | [2000] Supp. (3) S.C.R. 179 |
Judgement Date | 2000-09-06 |
Case Number | 4935 |
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