STATE TIMES NEWSJAMMU: Justice Rajesh Bindal of J&K High Court Jammu Wing dismissed a petition filed by Tanya Khan Afridi challenging selection of private respondents in NRI quota in MBBS. After hearing Senior Advocate P.N Raina with J.A Hamal for the petitioner whereas Advocate Abhinav Sharma appearing for the private respondent whereas AAG FA Natnoo for the BOPEE, the court observed that it was for the petitioner to prove that her application was received in the office of BOPEE within the time prescribed. “Onus was on her. Merely by blaming others she cannot claim that her application be treated to have been received in time. Postal Department has not been impleaded as party to clarify as to how the letter remained undelivered on July 6, 2019 and redirected to Srinagar office. In the case in hand no specific mode was provided in the advertisement for submission of applications. The only requirement was that it should reach in the office of the BOPEE before the date and time fixed. Lot of stress was sought to be laid on merit without ensuring that for consideration of her candidature, a candidate is required to submit her application within the time permitted. Comparative merit has to be determined amongst the candidates who are the applicants within the time permitted and not who remain out and the stand taken by the BOPEE in the objections filed is that their office remained open on 6th and 7th July, 2019, as last date had been fixed for receipt of applications. To this the petitioner has not filed any rejoinder to controvert this fact. Hence, there is nothing produced on record to show that the application sent by the petitioner was received or deemed to be received before the last cut of date. Her candidature, hence, could not be considered”, the court observed. Justice Rajesh Bindal observed that if the law laid down in the judgment of Apex Court in Jasmine Kaur’s case (supra) is considered, no admission can be possibly be granted after the expiry of last date of joining of candidates for the State Counseling, which was August 18, 2019. With these observations, the court dismissed the petition.
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