Jammu & Kashmir High Court
Jahangir Ahmad Mir vs J And K Board And Ors. on 29 March, 2006
Equivalent citations: 2007(2)JKJ220, AIR 2007 (NOC) 1797 (J. & K.), 2007 (5) AKAR (NOC) 773 (J. & K.)
Author: Mansoor Ahmad Mir
Bench: Mansoor Ahmad Mir
JUDGMENT Mansoor Ahmad Mir, J.
1. Respondent No. l issued notice, inviting applications from eligible candidates for appearing in the entrance examination for selection/admission in MBBS course. Petitioner also applied and claimed that he falls within the category-viii as per annexure-II annexed to SRO 126 - candidate hailing from poor and backward families whose annual income does not exceed Rs. 70,000/-. Petitioner has annexed Photostat copy of certificate issued by Tehsildar and counter signed by Additional Deputy Commissioner, with the writ petition. Respondent No. l issued selection list and petitioner was not figuring in the said selection list which constrained him to make enquiries and was told that he had obtained 149 marks. He asked the respondents that why he has not been selected despite of the fact that respondent No. 3 had obtained only 148 marks and was ranking higher in merit. But they failed to redress his grievances and was constrained to file this writ petition.
2. Respondent No. 1 has filed reply. It is specifically pleaded that petitioner had not annexed category certificate which was to be issued by Deputy Commissioner as per SRO 126-format annexure XIV. Further, it is pleaded that while scrutinizing the application of the petitioner, he had annexed copy of certificate issued by Tehsildar, Srinagar, who is not competent to issue the requisite certificate.
3. Mr. Qayoom, learned Counsel for petitioner, argued that respondents were under legal obligation to ask the petitioner to produce the certificate but they have not done so. It is not an academic qualification but it is a qualification which petitioner inherited being poor and hailing from said category right from birth.
4. Mr. Jehangir, learned Counsel for respondents, argued that petitioner was under legal obligation to have produced the said certificate as per mandate of SRO 126 but he has not done so and respondents have rightly taken the decision.
5. Heard. Perused. Considered.
With the consensus of learned Counsel for the parties, this petition is taken up for final adjudication.
Admit.
6. The fact that petitioner is falling within category VIII-hailing from poor and backward families whose annual income does not exceed Rs. 70,000/- was to be substantiated by the requisite certificate which was to be issued by Deputy Commissioner of the District in format annexure XIV as per mandate of SRO 126. Petitioner has neither annexed the said certificate with the application nor with the writ petition, it is also worthwhile to mention herein that petitioner has not till today produced the said certificate. The benefit can be claimed only on production of the certificate. No doubt the certificate relates to status but it is to be obtained as per the mandate of SRO 126. Tehsildar is not a competent authority to issue such certificate as per SRO 126.
7. Viewed thus, I am of the considered view that respondents have rightly taken the decision and denied consideration to the petitioner under the said category.
8. In view of the above discussion, this writ petition merits to be dismissed which is accordingly dismissed along with all connected CMP(s). Interim direction, if any, shall stand vacated.