Srinagar, Sept 16: Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta in a petition filed by the aggrieved candidates projecting before the court that the BOPEE resorted to and adopted an irrational and illogical criteria and granted admission to the candidates in the category of candidates possessing outstanding proficiency in sports on the basis of inter-se merit of the candidates obtained in the NEET-UG examination only and the selection of candidates under sports category made by the respondent-BOPEE was contrary to and in violation of clear and unequivocal provisions of Government Order & said that the Board of Professional Entrance Examination should make the selection for admission to MBBS courses on the basis of merit and there is no justification for short listing the candidates in a different yardstick which causes injustice with higher meritorious candidates.
The bench said that by doing such practice, the BOPEE, many a times, may not and does not short-list a candidate on the basis of his overall merit in the sports category determined on the basis of 60:40 formula despite the said person having a very higher score in the NEET- UG examination than those who ultimately find place in the select list & this is indeed an irregular situation created by such approach adopted by the BOPEE.
DB added that once, as per the MCI Regulations, the selection for admission to professional course of MBSS is required to be made on the basis of merit obtained by the candidates in the NEET UG examination, there is no point or justification to adopt a different yardstick for short-listing the candidates particularly when adoption of different yardstick is likely to do injustice with the candidates who have higher score in the NEET UG, but have got lesser points on account of their level of sports participation, though they are certified to be persons having outstanding proficiency in sports.
Court said that the Government is obligated to reserve seats in professional institutions for candidates belonging to reserved categories and such other classes and categories as may be notified from time to time providing further that the total percentage of reservation shall in no case exceed 50%.
The court added that it is also mandated to prescribe percentage of each category in admission in the professional institutions, with further stipulation that 50% of the seats in each category including open category for admission to MBBS and BDS shall be filled up by selection from amongst female candidates belonging to such category.
There is, however, no concept of carrying forward of the seats in case of non-availability of candidates in a particular category & to give effect to this provision in the Act of 2004, the Government has issued the Rules of 2005. Referring to clause (c) of Rule 14 court said that 2% of the seats in the professional courses are earmarked for candidates possessing outstanding proficiency in sports.
The Act of 2004 and the Rules framed there-under, more particularly, those reproduced, treat a person possessing outstanding proficiency in sports as a class and there is no further classification within the class, like more outstanding proficiency in sports or less outstanding proficiency in sports.
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