In any given case before a court of law timing of the court direction, be it at an interim stage or at a final stage, is directly related to the situation in hand and as such the timing of issuance of direction becomes the essence of the situation to meet the ends of justice in a case.: Jammu Kashmir and Ladakh High Court
The Jammu Kashmir and Ladakh High Court passed a judgement on the 15th of December, 2022 in which the court upheld the writs raised by the Institute of Dental Sciences against the state. This was seen in the case of the Institute of dental sciences vs Union Territory Of J&K & Anr (WP(C) No. 2536/2022). The case was presided over by The Honourable Mr Justice Rahul Bharti.
FACTS OF THE CASE:
The petitioner institution had a pool of 100 seats allotted to it for offering the Bachelor of dental surgery (BDS) course each academic year. Admissions are available to the students who appear in the NEET exam and qualify and attain a particular cut-off merit. It is only through this the admissions are taken into consideration. The grievance was brought that only 30 seats were filled through this process and majority of seats were left vacant. The petitioner institution filled a petition to get some relief for this academic year.
JUDGEMENT:
The court granted interim directions in favour of the institution to carry out the admission process. The admission exercise was to be carried out and shall be out of the merit-holders for having secured above the cut-off marks. Due verification of the documents should be done. The court directed that Any act of omission and commission on the part of the management in carrying into the admission exercise aiming to compromise with the merit position of the qualified students shall be at the risk and cost of the management of the Petitioner-Institution. This interim direction was meant only for this commission Session of 2022-23.
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JUDGEMENT REVIEWED BY KRITI GUPTA