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Jammu & Kashmir High Court

Dr. Abdul Kalam vs Union Territory Of J&K on 25 October, 2024

                                                          Serial No. 01


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
WP(C) No. 2369/2024
CM No. 5790/2024

Dr. Abdul Kalam, age 26 years                             .....Petitioner(s)
S/O Sher Khan R/O Village Kalali,
Tehsil Manjakote District Rajouri

                      Through: Mr. Abdul Rahim, Advocate.

                 Vs

1.    Union Territory of J&K
      Through Commissioner Secretary to Government
      Health and Medical Education Department
      J&K Government Civil Secretariat Jammu/Srinagar

2.    Director
      Health Services Jammu

3.    Medical Superintendent
      GMC & AH Rajouri

4.    Incharge Medical Officer
      RHTC, Manjakote

5.    Board of Professional Entrance Examination
      Through its Secretary
      Jammu

                                                        ..... Respondent(s)

                      Through: Mrs. Monika Kohli, Sr. AAG.

CORAM:        HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE

                                    ORDER

(25.10.2024)

01. Through the medium of this petition, the petitioner has sought writ of mandamus, commanding the respondents No. 1 to 4 to issue the Difficult Area Service Certificate in favour of the petitioner in terms of SRO-48 of 2018 dated 30.01.2018 and also commanding the respondent No. 5 to consider the candidature of the petitioner by giving 2 WP(C) No. 2369/2024 CM No. 5790/2024 10% additional weightage for serving in difficult area for admission in PG Medical course.

02. This Court, vide order dated 04.10.2024, as an interim measures, directed the respondents No. 1 to 4 to consider the issuance of Difficult Area Service Certificate duly authenticated/countersigned, in terms of SRO-201 of 2006 dated 15.06.2006 in favour of the applicant/petitioner and respondent No. 5-Board of Professional Entrance Examination (BoPEE) to consider the giving of additional weightage admissible in terms of SRO-48 of 2018 dated 30.01.2018 favouring the applicant/petitioner with a direction to them, to submit a status report on the next date of hearing.

03. Learned counsel for the respondents has produced the Communication of Directorate of Health Services, Jammu, vide No. DHSJ/Legal/7914 dated 22.10.2024 to Sh. Raman Sharma, learned Additional Advocate General, Jammu, alongwith copy of the Experience Certificate issued by Principal Govt. Medical College, Rajouri, vide No. GMCR/2024-25/2160 dated 14.10.2024, issued in favour of the petitioner in terms of the aforesaid direction. The said Communication and Certificate are ordered to be taken on record. 3 WP(C) No. 2369/2024 CM No. 5790/2024

04. At this stage, the grievance of the petitioner has been redressed, however, learned counsel for the petitioner has urged for disposal of this petition, with a direction to respondent No. 5-Board of Professional Entrance Examination (BoPEE) to accord additional weightage of 10% to the candidature of the petitioner for serving in difficult area for admission in PG course, as admissible as per rules, in vogue.

05. The writ petition is, accordingly, disposed of with a direction to respondent No. 5-Board of Professional Entrance Examination (BoPEE) to consider the Experience Certificate issued in favour of the petitioner for having served in difficult area and accord the weightage as per the aforesaid SRO-48 of 2018 dated 30.01.2018, in vogue.

06. Disposed of, accordingly along with connected application(s).

(M A CHOWDHARY) JUDGE JAMMU 25.10.2024 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Bunty Kumar 2024.10.28 13:54 I attest to the accuracy and integrity of this document