Jammu & Kashmir High Court – Srinagar Bench
Haseeb Bin Mohammad Shafi Aatif Nahum vs J&K Board Of Professional Entrance … on 10 March, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
05
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 454/2025
CM No. 1074/2025 & 1249/2025
Haseeb Bin Mohammad Shafi Aatif Nahum ..... Petitioner (s)
Through: Mr. Shariyar, Adv. with Mr. F A
Lone, Adv.
V/s
J&K Board of Professional Entrance Examination through its
Controller and anr.
..... Respondent(s)
Through: Mr. Furqaan Yaqoob, GA
vice Mr. Mohsin Qadiri, Sr. AAG
Coram:
Hon'ble Mr. Justice Rahul Bharti, Judge.
ORDER
10.03.2025
1. Jammu and Kashmir Board of Professional Entrance
Examination (JKBoPEE in short) came forward with a
Notification No. 005-BOPEE of 2025 dated 21.01.2025
thereby declaring merit list (revised JKUT Specific
Provisional Merit list) of the candidates having qualified
NEET MD/MS/PGD of 2024.
2. In furtherance of Provisional Merit List, the Provisional
Select List came to be issued by a Notification No. 015-
BOPEE of 2025 dated 21.02.2025 wherein the petitioner
came to be allocated MD/MS under OM in the discipline
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WP(C) No. 454/2025
CM No. 1074/2025 & 1249/2025
of Anatomy in the Government Medical College,
Srinagar.
3. By purported reference to SO 176 dated 15.03.2024 read
with S.O. 305 dated 21.05.2024, the petitioner comes
forward with a case that MD/MS seat in discipline of
Anesthesiology was available in SKIMS Srinagar but the
same was mentioned by virtue of the aforesaid two SOs
for the Union Territory of Ladakh (UTL) originally
identifying the said seat for Schedule Tribe Ladakh (STL).
4. Learned counsel for the petitioner submits that this option
was not available at the end of BoPEE to convert the
Schedule Tribe Ladakh (STL) seat to UT Ladakh quota as
the same ought to have been put into open merit pool seat
meant for UT of Jammu and Kashmir as well as UT of
Ladakh which would have possibly paved way for the
petitioner claim that the said seat instead of leaving
petitioner to stay for the allotted seat of MD Anatomy.
5. Issue notice to the respondent No. 1
6. On behalf of Mr. Mohsin Qadiri, learned Sr. AAG
representing BoPEE, Mr. Furqaan Yaqoob, learned GA
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WP(C) No. 454/2025
CM No. 1074/2025 & 1249/2025
accepts notice. The respondent No. 1 to come forward
with the reply to the writ petition within a period of two
weeks.
7. In the meantime, MD/MS seat for the discipline of
Anesthesiology meant for Union Territory of Ladakh
(UTL) shall not be filled up till next date of hearing. This
order is subject to objections from other side.
(Rahul Bharti)
Judge
SRINAGAR
10.03.2025
Aasif
