Court : Jammu and Kashmir
ORDERR.P. Sethi, J.1. Heard.2. Clause (5) of the J. & K. Medical Colleges (Selection of Candidates Postgraduate Courses) Procedure Order, 1989 (SRO-3 of 1989 dt. 3-1-1989) is sought to be quashed on the ground of being violative of Article 14 of the Constitution and a direction is prayed to be issued to the respondents to allow the petitioners to compete in the entrance examination for admission to various Post-graduate Courses in the two States run medical colleges. It is submitted that the petitioners are qualified MBBS doctors having obtained MBBS degrees and are engaged in medical service of the Govt. of Jammu & Kashmir. The petitioners are stated to have been deprived of sitting in the entrance examination for admission to MD/ MS/Diploma courses 1992 on the basis of the aforesaid offending clause of SRO-3 of 1989 which, inter alia provides that the candidates with more than two failures in the MBBS shall not be eligible for any Post-graduate (PG for short) course under the said or...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : I(1994)DMC30
R.P. Sethi, J.1. How does the marriage of a Hindu female outside her caste affects her rights of benefits arising out of the Jammu and Kashmir Scheduled Castes and Backward Classes Rules, 1970 (hereinafter referred to as the 1970 Rules)? is the important question of law referred to this Bench vide order passed by the learned Single Judge on 16.11.1990. It is submitted that as after her marriage the female acquires the status and Gotra of her husband, her rights in terms of the 1970 Rules should be determined by reference to the caste of her husband notwithstanding his own caste in which she was born.2. Some of the facts giving rise to the filing of the present petition are : that the petitioner herein who is a member of a scheduled caste claims promotion under the rules by quashing order No. DSW/286 of 1989 dated 20-10-1989 with a prayer of restraining the respondents from reverting her to the most from which she was promoted. Tt is submitted that as respondent No. 3 who was originally...
Tag this Judgment!Court : Jammu and Kashmir
Khan, J. 1. It is all about the recognition of the Dewan Badri Nath Vidya Mandir School, Jammu. Appellants claim it is not recognised by the Government but respondents assert otherwise. Is it recognised or not, is the million-dollar question answer to which can decide the fate of this controversy. 2. It all seems to have sparked off when the authorities came across disturbing reports about the condition of the School building posing danger to the safety and well being of the students. The building was subjected to an inspection and the S.E. (PWD) found it unsafe vide his report dated May 30, 1988. Taking cue, the Municipal authorities also appear to have jumped in to the fray to initiate steps for its demolition. 3. The School management offered resistance and appealed to the Tribunal, but failed. It then filed a suit before the Municipal Judge leading to the appointment of a Technical Experts Committee. This Committee also found the building unsafe, unhygeinic and highly congested. 4....
Tag this Judgment!Court : Jammu and Kashmir
S.C. Mathur, C.J.1. A single individual, Sukesh Chander Khajuria, has filed this writ petition seeking ban on private medical practice by doctors in the service of the State Government and for creation and assurance of proper, adequate and hygienic medical facilities for the citizens of the State. The petition has been claimed to have been filed in public interest. The petitioner has claimed himself to be a social activist and President or member of several social organisations. A few facts necessary for the disposal of the writ petition may be stated:2. Government doctors likely to be affected by the petition fall in two categories: (1) those posted at Primary Health Centres and Hospitals; (2) the posted at institutions imparting medical education . Doctors belonging to the second category are governed by Jammu and Kashmir Medical Education (Gazetted) Service Rules, 1879. Said doctors along with other Government servants are governed by Jammu and Kashmir Public Men and Public Servants...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1995J& K36
S.C. Mathur, C. J.1. This Full Bench has been constituted to resolve the conflict in views expressed by two Division Benches of this Court on the constitutional validity of categorisation made by the State Government for nominating candidates to be admitted to the Medical courses, M.B.B.S and B.D.S. in various Medical Colleges throughout the country against the seats allocated to the State by the Central Government from the central pool. One Division Bench has held the categorisation to be valid and the other has held it to be invalid. Judgment of the Division Bench upholding the validity was rendered in OWP No. 995/ 1991, Pankaj Gandotra v. State of Jammu and Kashmir, connected with several other petitions of similar nature, decided on 10-8-1992 at Jammu. This Division Bench comprised K. K. Gupta and V. K. Gupta, JJ. Judgment of the Division Bench which negatived the constitutional validity was rendered in OWP No. 2637 of 1991 Qazi Yusra Aslam v. State connected with several writ peti...
Tag this Judgment!Court : Jammu and Kashmir State Consumer Disputes Redressal Commission SCDRC Jammu
Malik Sharief-ud-Din, President: 1. In order to appreciate the points that arise for consideration in this complaint we would briefly like to state the facts. 2. Complainant was a student of M.M. College, Jammu and he had to appear for B.A. final examination in the year 1982-83. However, due to illness and shortage in the attendance he could not appeared. In the following year he was again admitted to College as late College student. It is in such circumstances that the benefit of Statute VIII of the University is made available. The benefit available is to the effect that such students are given the benefit of internal assessment in the previous year and this internal assessment record is to be forwarded by the College to the University before the examinations start. The Complainant appeared in the examination conducted in 1983-84 as a B.A. student, he was allotted Roll No. but the College did not send the internal assessment in time. It was only forwarded after the examinations were ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1996J& K76
M. Ramakrishna, C.J.1. These appeals arise out of a judgment and order made in Writ petition No.: 379/1995 disposed of by a learned single Judge of this Court at Srinagar on 27-11-1995. The salient facts which are necessary for the disposal of these appeals are that the first respondent, Shri Chander Bada Akhara Udasin Society, registered office at Residency road, Srinagar is said to have established a private Medical College with the name Acharya Shri Chander College of Medical Sciences and Hospital at Sidhra village, Jammu, hereinafter referred to as the Private Medical College Jammu. It is stated that the society of first respondent has been registered under the Societies Registration Act 1989 (1941 AD) by the Registrar of Societies vide registration No. 1604-S of 1989 dated 20th October, 1989. The Society has been running certain other institutions before starting the Medical College and Hospital in the year 1987. It is stated further that according to the memorandum of Association...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1997J& K11
B.A. Khan, J.1. These two petitions being identical in nature involving similar issues of fact and law, are proposed to be disposed off by a common judgment.2. The petitioners in both petitions claimed to be belonging to Scheduled Caste and Scheduled Tribe category and they want reservation to be provided for M.D./M.S./ P.G, Diploma courses in the two Medical Colleges of the State at Jammu and Srinagar in tune with Rules 22, 23 and 25 of SRO 126 of 1994 read with Clause (4) of Article 15 of the Constitution. Their grievance is that even as Part-4 of SRO 126 of 1994, dated 28th June, 1994 provided for reservation to the extent of 8% and6% respectively for Scheduled Castes and Scheduled Tribes category, the respondents were making selection to the M.D./ M.S./P.G. Diploma Courses pursuant to advertisement Notice No 14-C AEE/MD/ MS/DIP of 1995, dated 23rd September, 1994 in disregard of the mandate of the aforesaid provisions of the SRO and Article 15(4) of the Constitution. They according...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1998J& K14
Gandhi, J. 1. The appellants arc the selected candidates, who were granted provisional admission for undergoing B. Ed. Correspondence Course by the Respondent No. 3, Director, Institute of Correspondence Education, University, of Jammu. During the training period the Respondent No. 3 under his letter No. IC/ B.Ed./89/7 122-29 dated 27-7-1990 communicated to the appellants to collect the Roll Numbers from the Institute in person before 7-8-1990 and while collecting the Roll Numbers the appellants are required to produce duly attested copy of the Certificate of recognition of Sant Mela Singh Public School, Poonch (for short School) and in failure whereof the appellants will not he allowed to appear in the examination. The appellants (writ petitioners) approached the writ Court seeking to quash the Communication dated 27-7-1990 by issuance of wril of Certiorari and further seek a writ of mandamus to permit the appellants to appear in the B. Ed. Examination. 2. It is submitted by the learn...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1998J& K21
ORDERB.A. Khan, J.1. Petitioners are private educational institutions said to be governed by the Private Educational Institutions (Regulations and Control) Act, 1967 and the Grant-in-aid Rules framed pursuant to the powers exercised under the Financial Code. These rules contained in Govt. Order No. 53 of 1975 dated 27-1-1995, inter alia, prescribe and provide for a complete machinery for the control and regulation of these institutions and also for providing them financial aid and its appropriation. In this regard Rule 17(c)(ii) made a provision for reimbursement of the rent of the building/s paid by the institutions, but, at the same time made an exception in respect of the building/s which belonged to the Managing Committee or were constructed with the aid of the Government and made provision for maintenance expenditure only in respect of these building/s. Similarly, Rule 17(VII)(iii) further provided that in respect of the rent of building/s, rent actually paid as per rent-deed was ...
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