DR. VIKRANT PARIHAR versus STATE OF JAMMU AND KASHMIR AND ORS.

Citation: [2000] SUPP. 3 S.C.R. 179 · Decided: 06-09-2000 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Disposed off
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Judgment (excerpt)

DR. VIKRANT PARIHAR 
v. 
STATE OF JAMMU AND KASHMIR AND ORS. 
SEPTEMBER 6, 2000 
[DR. A.S. ANAND, CJ., DORAISWAMY RAJU 
AND SHIVARAJV. PATIL, JJ.] 
A 
B 
Medical courses-State of Jammu and Kashmir-Post Graduate 
Entrance Examination conducted in 1995-96-No other entrance examination 
held-After select list was issued, such of the unsuccessful candidates, who C 
had last participated in 1995 test continued to get selected for admission to 
various courses year after year-Consequently candidates who passed MBBS 
't 
examination after 1996 had no chance to compete and pursue Post Graduate 
Courses-Writ petition filed by applicant in High Court of J.K.. seeking 
enforcement of S.R.O. No. 158 dated 12th July, 1995-Said SR.0. provided D 
for holding of entrance examination every year and also prescribed the life 
of waiting list to be one month from the date of regular admission-Beside 
appellant other candidates also filed a writ petition-As a result of orders 
made in both the writ petitions, selections for admission, from amongst the 
1995-96 candidates, on the waiting list, were stayed-Consequently State 
was required to hold Competitive Entrance Examination to fill seats in Post E 
Graduate Courses for J 999-2000 Academic Session-Orders passed in both 
the writ petitions challenged in Letters Patent Appeals-The Division Bench 
"· 
gave two interim directions (I) the process for holding fresh Entrance 
Examination by Competent Authority for vacancies in P.G. Degree/Diploma 
Courses be stopped till otherwise directed (2) Candidates possessing higher F 
merit than those who had already been admitted against direct and reserved 
categories be allowed admission, in case their merit is higher than those who 
had already been admitted in the respective disciplines to which the 
petitioners have applied-Both these directions impugned before this Court-
Held both the directions cannot be sustained-All the Writ Petitions and 
Appeals pending in the High Court of Jammu & Kashmir shall be clubbed G 
together and all such cases shall be heard and disposed of within the next 
three months-The competent authority shall conduct an entrance 
examination for selection of Doctors for admission to Post Graduate Degree 
and Diploma Courses on the basis of their merit expeditiously in accordance 
with SRO No. 158-All eligible candidates whether in the earlier selection H 
179 
180 
SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R. 
A list or not shall be entitled to take part in the said entrance examination--
Rules relating to reservation of seats, to the extent permissible in law and 
applicable, shall be respected by the authorities at the time of making 
selections and-admissions-These directions shall not be construed as setting • 
aside the admissions already granted to candidates. 
B 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4935 of2000. 
c 
D 
E 
F 
G 
H 
From the Judgment and Order dated 17.2.2000 of the Jammu & Kashmir 
High Court in L.P. A. (SW) No. 34 of2000. 
M.L. Verma, D.D. Thakur, Gopal Subramaniam, G.L. Sanghi, N. Ganpathy, 
Rohit Kapur, Sanjeev Puri, M.A. Goni Adv. General for (J.&K), J.A. Kawoosa, 
G.M. Kawoosa, Ashok Mathur, E.C. Agrawala, Rishi Agrawala, Mahesh 
Agrawala, Vivek Yadav, N.N. Bhatt, Ms. Pumima Bhat Kak, Ashwani Kumar, 
Sumeet Lal, A. V. Palli, Ms. Rekha Palli, Atul Sharma, Rajiv Talwar, L. Nageshwar 
Rao, Ramesh Babu M.R., Ms.Shabnam Lone and M.N. Shroff for the appearing 
parties. 
The following Order of the Court was delivered : 
Leave granted. 
Impleadment and Intervention Applications are allowed. 
This case presents a rather disturbing picture. Last Post Graduate 
entrance examination for admission.to various medical courses in the State of 
Jummu & Kashmir was held on 31st December, 1995 and I st January, 1996. 
It is an admitted case of the parties that after that examination, no other 
entrance examination has been held till date. After the select list was issued, 
such of the .unsuccessful candidates, who had last participated in the 1995 
.Post Graduate Medical Entrance Examination, continued to get se.lected for 
admission to various courses year after year. As a consequence, all such 
candidates who passed their MBBS examinations after 1996, have had no 
chance to compete and pursue post graduate courses in various disciplines 
of medicine. According to Mr. M.A. Goni, learned Advocate General for the 
State of Jammu & Kashmir this situation has arisen mostly because of interim 
or final order
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