State Times NewsJAMMU: Allowing petition filed by Taseen Naiz Malik, the High Court J&K directed Government Medical College (GMC) Chandigarh to grant admission to the petitioner in Common Pool Quota (CPQ). The petition was filed by Taseen Naiz Malik seeking directions for his admission in MBBS course in GMC Chandigarh against Central Pool Quota seat allotted to Union Territory of Jammu & Kashmir.Justice Rajesh Bindal, after hearing Adv Navyug Sethi for petitioner observed that that in case the candidate is not at fault and had been following his case diligently, he should not be denied admission. The admission can be granted even in next session with a direction to create additional seat. At the time of hearing it transpired that Government Medical College, Chandigarh has the sanctioned strength of 150 seats for MBBS. “Petitioner is a sufferer of circumstances, which were beyond his control. He had been nominated for admission for session commencing in 2019-20, however, could not get admission. Hence, in my opinion, a direction is required to be issued to the Government Medical College, Chandigarh to grant admission to petitioner in the session commencing in 2020-21. For the purpose, one additional seat shall be created as no other candidate in any of the category, who is to get admission in the college for current session should suffer on this account. The college will complete all necessary formalities required for the purpose,” he added.Justice Bindal further observed that as far as argument raised by learned counsel for Medical College that the Court does not have jurisdiction to entertain the lis, suffice to state that it is not a case related to admission in Government Medical College Chandigarh only, where the petitioner was to apply and participate in counseling, which was to take place at Chandigarh. “It is a case in which petitioner was nominated by BOPEE in J&K for admission against Central Pool Quota seat to Government Medical College, Chandigarh. The process of selection for nomination for Central Pool Quota seats was carried out in J&K. After his nomination, the petitioner was just to approach the college for depositing fee but he was not able to participate in counseling. The cause of action is a bundle of facts and if seen in totality, part of cause of action had arisen in J&K. Hence this court has the jurisdiction to entertain the lis. As far as award of compensation to the petitioner is concerned, the argument has to be noticed and rejected for the reason that it is not a case in which fault can solely be attributed to the Medical College for denying admission to petitioner. It was on account of prevailing circumstances in Union Territory of J&K (erstwhile State of J&K) that the process of nomination was delayed and thereafter Medical College had been directed for admission of a student by the Supreme Court. The action was taken by it considering that one seat was lying vacant. In fact, for filling up that seat, the matter had earlier been taken up with Medical Council of India. However, as usual no response was given by authority concerned. It’s nothing else but shirking responsibility. Hence, in my opinion, the petitioner does not deserve to be granted any compensation,” he added.Court further observed that argument raised by counsel for respondents that there is no prayer made in petition for grant of admission for the current session, hence, the writ petition deserves to be dismissed. “The argument does not carry any weight as prayer made in writ petition is for grant of admission to the petitioner to first year MBBS course in the 2019-20 session, in view of the selection and recommendations made by respondent Nos. 2 and 3 under Central Pool Quota allotted to J&K, vide communication dated September 27, 2019. Omnibus prayer is also there in the writ petition. In any case, the courts can always mould the relief, which a litigant deserves to be granted instead of pushing him to protracted litigation and keeping the matter pending,” he observed.
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