STATE TIMES NEWS
JAMMU: While admitting a Public Interest Litigation (PIL) filed by a social activist Ashok Sharma, Division Bench of High Court comprising Chief Justice M.M Kumar and Justice Dhiraj Singh Thakur issued notice to J and K Board of Professional Entrance Examination (BOPEE) to work out the rules.
The PIL had challenged the Rule 17 of Reservations Rules framed under Reservation Act of the State. Advocate Kuldip Singh Parihar appeared for the PIL
The Deputy Secretary (Legal) BOPEE has filed the affidavit, explaining that there was no increase in the reserved category seats. The explanation is discernable from the last few lines which show that alteration of one seat was made because of reserved category candidate who figured higher in merit i.e. above the reserved category ratio and was figuring in the open category.
He opted for the specialty of MD medicines which was available to the reserved category. As a result, he surrendered his option which was available to him in his capacity as open merit-category candidate. Thus, there was increase of one seat only in the reserved category seats and no two seats as asserted by the petitioner in the PIL.
Division Bench further observed that the aforesaid assertion of BOPEE has been controverted by PIL by filing an affidavit. It has been projected that in fact, by adopting the course of granting option to open merit-category candidate to some specialty belonging to reserved category, reservation is exceeded.
In other words, the open merit category candidate is able to stake his claim to a specialty meant for reserved category without replacing the claim made by the reserved category candidate.
According to Advocate K.S Parihar, this will result in exceeding the limit of the quota fixed for reserved category in each of specialty.
Division Bench further observed that having heard counsel and perusing Rule 17 of the J and K Reservation Rules, 2005, “we are, prima facie, of the view that any interpretation of Rule 17 which results in inflating quota for reserved category needs to be discouraged. This is the net result of various judgments of the Supreme Court and in fact, a Division Bench of this Court in its judgment rendered in the case of J and K High Court has concluded that number of seats available in the open category and reserved category has to remain the same as per the fixed ratio. That interpretation has to be maintained by BOPEE and any deviation from the interpretation given by the Division Bench to Rule 17 of aforesaid Rules will not be acceptable and directed, BOPEE to work out the rules in accordance with the view expressed in the Judgment.
Division Bench further observed that the constitutional validity of the rules requires detail debate to conclude whether to sustain its constitutional validity by read it down or it needs to be declared ultra-vires of the Constitution and the matter requires admission for regular hearing and admit the PIL for hearing and issued post admission notices which were accepted by the concerned counsel. JNF
