HC orders reserving MBBS seat for EWS category candidate
Srinagar, May 29: The High Court of J&K and Ladakh Thursday directed the authorities to grant admission in MBBS course to a candidate in next academic session, who had participated in National Eligibility cum Entrance Test for under graduate course 2024-25 (NEET-UG-2024-25) and secured highest merit under Economically Weaker Section (EWS) category.
Basit Khursheed, the aggrieved candidate, had participated in NEET-UG-2024-25 under the EWS category and had secured highest merit under the said category. However, his candidature was not considered as his EWS certificate was not renewed in time by the concerned authorities.
Allowing Basit’s plea, division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal underscored that the meritorious candidate belonging to the poor strata of the society would not be deprived of an opportunity to get an admission in the MBBS course just because of the indolence or inaction of the competent authority under the Jammu and Kashmir Reservation Act, 2005, to issue the EWS certificate within the stipulated time.
“This court deems it proper to direct the respondent 2 (authority concerned ) to grant the admission to the petitioner (Basit Khursheed) in the next academic session of MBBS course,” the court said. The court directed the authority to take appropriate measures for enhancing the total seats by one seat, so as to accommodate the petitioner in the next academic session.
The court noted that the select list issued by BOPEE revealed that 12 candidates having NEET score of 461 and 404 were selected under EWS category . Basit, it said, was having NEET score of 462 but because of non-availability of EWS certificate, he was not considered for selection under EWS category.
On August 9, 2024, the candidates belonging to Jammu and Kashmir and Ladakh, who qualified NEET-UG-2024-25 having scored cut off marks prescribed by NTA, were directed to register themselves and to upload the required documents online from 19 to 23 August so that the provisional merit list of such eligible candidates was prepared.
Basit possessed of the EWS certificate having a life till 3 August 2024 and his contention was that he immediately applied for the renewal of the certificate on August 4, 2024. Authorities concerned thereafter issued a provisional merit list on August 25, 2024 wherein Basit was shown to have secured the rank of 462 under the EWS category with the remarks “Form Deficient”.
Immediately coming to know regarding the remarks made in the provisional list, he submitted a representation to the authorities stating therein that EWS certificate issued in his favour was valid only till August 3, 2024 and he had applied for renewal of the same.
Meanwhile, the BOPEE notified the schedule for conduct of counseling commencing from 28 to 31 August and it was provided that the candidates having failed to submit category certificates till the cutoff date that is August 23 would be converted into Open Merit category.
Aggrieved by the notification, Basit approached the High Court filing a petition seeking directions for quashing the notification and to consider his candidature under EWS category.
