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Judgment
Dharam Chand Chaudhary, J.
Reply stands filed, which is taken on record.
The petitioner claims himself to be a Kashmiri migrant, which in terms of Item No. 11(vii) of the prospectus, Annexure P-2 ‘means a person
forced to leave Jammu and Kashmir due to terrorism and forced to reside or rehabilitate in other parts of the country’.
In Medical/BDS colleges situated in the State, one seat is reserved in MBBS course, whereas, two in BDS course. In order to seek admission against
the said seats, a candidate is required to produce the certificate on the prescribed format Appendix A-10 to the prospectus duly issued by the
competent authority i.e., District Magistrate/Deputy Commissioner of the area where on migration he/she is residing.
The grouse of the petitioner as brought to this Court in this writ petition, in a nut-shell, is that though he is a Kashmiri migrant, however, denied
admission against the seats reserved for this category in MBBS/BDS course. His further complaint is that one seat reserved for this category in BDS
course has been de-reserved and shifted to the MBBS course and now two candidates have been admitted from this category in MBBS course,
whereas, one in BDS course.
Mr. Neel Kamal Sharma, learned Standing Counsel, on instructions, denies this part of the petitioner’s case as according to him, only one
candidate has been admitted in MBBS course and two in BDS course as per the Roster of reservation in the prospectus.
Otherwise also, in the online application, Annexure P-8, the petitioner had sought admission from the category general (un-reserved), as is apparent
from the entries against column No. 31 of this document. No doubt, against column No. 19, he has claimed himself to be a child of J&K migrant,
however, he never sought admission from this category. Interestingly enough, the certificate Annexure P-3 reveals that he is permanent resident of
J&K State.
However, this certificate is not in consonance with Appendix A-10 to the prospectus, as nothing has come therein that he has been declared J&K
migrant due to terrorism and residing or rehabilitated in some other part of the country. On this score also, he is not eligible to seek admission against
the seat(s) reserved for the category of migrants of J&K.
We, therefore, find no merit in this writ petition and the same is accordingly dismissed. Pending application(s), if any, shall also stand disposed of.