Interests of candidates aspiring for professional courses protected
Mohinder Verma
JAMMU, Nov 17: In a major development which will be beneficial for the Children of Defence Personnel (CDP) category in all the selections in various professional courses including MBBS, the High Court of Jammu & Kashmir and Ladakh has vacated the interim order which had serious ramifications and was detrimental to the rights and interests of various aspiring candidates belonging to the category.
The order has been passed by Justice Wasim Sadiq Nargal while dismissing a petition titled Saanvi Andotra Versus Union of India and Others as withdrawn and disposing of all applications connected to the matter.
The writ petition was filed by Saanvi Andotra, who was student of 12th class with Medical subjects and happens to be the daughter of a serving Lt Col Arjun Andotra. The petitioner was entitled to all the benefits and schemes provided to the Children of Defence Personnel by the Government of India as well as by the State and UT Governments.
All the wards of Defence Personnel get these benefits through the Ministry of Defence and the children of the Defence Personnel are getting reservations/preferences for studies in various professional courses including in the MBBS course in Medical Colleges located in various States/Union Territories of the country including in the Union Territory of J&K on merit inter-se basis.
The petitioner was aggrieved of the policy framed by the Ministry of Defence, Department of Ex-Servicemen Welfare, Government of India by virtue of which a communication has been addressed by the concerned Joint Secretary to the Chief Secretaries/Administrators of all States/UTs vide communication dated 30.11.2017, wherein inter-se priority for reservation/preference to the wards of Armed Forces Personnel for admission to Medical/Professional Courses have been prescribed.
The petitioner prayed for quashing the same to the extent it places wards of Ex-Servicemen at higher priority and wards of Serving Personnel at lower priority for being discriminatory, irrational and illogical and in violation of the principles of equality provided under Article 14 of the Constitution.
The High Court vide order dated 18.04.2022 stayed the communication dated 30.11.2017 to the extent it pertains to the priority amongst the wards of Serving Personnel and Ex-servicemen without prejudice to the ongoing selection process.
Feeling aggrieved of the same, the Board of Professional Entrance Examination (BOPEE) filed an application and submitted that it is not in a position to fill CDP category seats in various professional courses because of the interim order of the High Court dated 18.04.2022. The BOPEE further submitted before the High Court that it would not be in a position to fill any seat beyond the cut-off date and any unfilled seat will get wasted.
Even Union of India through its counsel submitted that the interim order is harshly operating against the candidates belonging to the CDP category pertaining to NEET and other selections and the interim order has serious ramifications and is detrimental to the rights and interests of various aspiring candidates belonging to the said category.
He further submitted that present writ petition has been rendered infructuous and is not maintainable in light of the fact that the petitioner through the medium of the present petition has called in question the policy framed by the Ministry of Defence, Department of Ex-Servicemen Welfare, Government of India dated 30.11.2017 relating to the inter-se priority, which has been superseded, now, by the subsequent policy on 21.05.2018 with the approval of the Defence Minister with regard to the inter-se priority in the reservation.
The counsel for the BOPEE even placed on record a copy of the status report with regard to the schedule of the counseling and the number of seats in CDP category (UG/PG and other courses).
After hearing counsel for the parties and perusal of record, Justice Wasim Sadiq Nargal observed, “keeping in view the new policy dated 21.05.2018 issued by Ministry of Defence, Department of Ex-Servicemen with regard to the supersession of earlier policy, the present petition does not survive and the same is, accordingly, dismissed without commenting upon the merits of the case, with a liberty to the petitioner to seek appropriate remedy available under law to call in question the policy dated 21.05.2018”.
“Faced with this situation, counsel for the petitioner seeks withdrawal of the present writ petition with a liberty to file afresh, in order to throw challenge to the latest policy issued by Ministry of Defence”, Justice Nargal said, adding “with a view to protect the interest of the petitioner so that grave prejudice is not caused to the petitioner, one seat in MBBS Course for the current session under NEET be kept reserved for the petitioner for two weeks from today or till the petitioner files a fresh writ petition as prayed for challenging the fresh policy issued by the Ministry of Defence, whichever is earlier”.
High Court further said, “the continuance/extension of the interim order insofar as reserving one seat in MBBS under CDP category will be subject to the further orders, if any, passed by this court”. Accordingly, High Court dismissed the present writ petition as withdrawn with the liberty as prayed for and disposed of all connected applications.
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