Swami Vivekanand Institute Of Nursing And Paramedical Sciences vs Union Territory Of J&K And Others

In the instant petition, the petitioner has prayed for the following reliefs:-

“a. Allow the petition.

b. Issue writ, order or direction to the respondents to interpret the word “20% reservation†appearing in their order No. JSMC-

15/42/3175-3282 dated 31-10-2015 in terms of lower limit prescribed for admitting FMHW candidates to Lateral Entry GNM course and to

allow the petitioner to admit more than 20% FMHW candidates to Lateral Entry GNM Course if General entry candidates are not available

and seats are vacant.

c. Issue writ, order or direction to the respondents no 2 & 3 to register and allow the students of petitioner college admitted as lateral entry

to GNM course for session 2018-19 to appear in their examination of GNM course and also to declare the result of such students for the

said examination.

d. Any other relief which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.â€​

The petitioner institute claims to be set up with a sole objective of providing quality education in the field of Paramedical Sciences and Nursing. The

petitioner institute is granted NOC from the concerned authorities, which on perusal is renewal of provisional NOC/permission in favour of the

institute, valid for a period of one year, for imparting the following paramedical training courses with intake capacity noted against each, made vide

order No. 279/SPMC/Jammu of 2016 dated 28.11.2016:-

“FMPHW 90 Seats

MMPHW 60 Seats

Pharmacists 60 Seats

GNM 60 Seatsâ€​

The provisional NOC/permission was valid for one year, i.e., 2016-17, however, the petitioner could not satisfy the Court about renewal of

provisional NOC/Permission by the competent authority beyond one year in 2016. The petitioner institute admitted the candidates with Matric

qualification as Lateral Entry in GNM against 20% reservation for the vacant seats beyond the reservation.

Admittedly, the petitioner institute has admitted the candidates against vacant seats by the operation of the principle of Lateral Entry beyond 20% of

the intake capacity on the interpretation which is not only misconceived, but also misdirected.

The sole question for examination of the Court is whether the petitioner institute could have admitted the candidates with Matric qualification by

operation of the provision of Lateral Entry in GNM beyond 20% reservation. The answer to the question is in negative as the petitioner institute under

the pretext of seats having remained vacant on account of non-availability of eligible candidates qua intake capacity, does not form the basis or

authorize the petitioner institute to make admission of Matriculate candidates for all the seats to fill up the intake capacity. The petitioner institute

cannot on the strength of such interpretation claim regularization of the admission of the candidates beyond reservation of 20% of the intake capacity.

Therefore, the respondents have rightly not entertained the examination forms of the candidates admitted beyond 20% reservation against vacant

seats meant for the candidates of different qualifications.

In the above background, this writ petition for the relief claimed is declared as not having merit, as such, shall stand dismissed along with connected

CM.

There shall, however, be no order as to costs.