Saqib Samim vs State Of J&K And Others

Rajesh Bindal, J

The petitioner approached this Court praying for the following reliefs :-

I. Writ of certiorari to set aside and quash letter BOPEE/COE/2011/39-40 dated 21-07-2011 issued by respondent number 4 and also the order/action of respondents No. 2,3 & 4 treating the seat of the petitioner as shortfall, by declaring the said letter and action as illegal.

II. Writ of mandamus to direct and command respondents to allow the petitioner to pursue his studies Government Medical College Jammu in MBBS first professionals Session 2011 without any hindrance.

III. Writ of mandamus to direct and command the respondent No. 5 to immediately and forthwith release the original documents of the petitioner i.e permanent resident certificate, matriculation diploma, Mark sheet of 10+2, etc, or transmit the same to respondent number four.

IV. Writ of prohibition restraining the respondents from cancelling the admission/selection of the petitioner by treating the seat as shortfall or from fulfilling the said seat by selecting any other candidate till final disposal of main writ petition."

While issuing notice in the petition 25.07.2011, this Court passed the following order :-

"Notice to respondents returnable within four weeks. Steps within one week.

CMP No. 1361/2011

Petitioner vide notification No. 32-BOPEE of 2011 dated 3rd of July' 2011 figures at serial no. 11 in the list of reserved categories (male) to pursue the M.B.B.S course in Government Medical College, Jammu. The candidate has reported in Government Medical College, Jammu on 14th of July' 2011, when the last date for reporting is 18th of July' 2011. He has been permitted to join by the Principal, Government Medical College, Jammu with a condition to produce the original certificates within three weeks. Principal has communicated to the BOPEE about the fact of non production of the requisite certificates and has sought instructions thereto. The BOPEE has issued the communication dated 21st of July' 2011 mentioning therein that no candidate can be admitted after 18th of July' 2011 nor any extension of time can be entertained. As a result thereof, it is stated that the Principal, Government Medical College, Jammu has taken the same seat as short fall, which now the BOPEE is likely to fill up.

Learned counsel would contend that basically last year, petitioner was selected to pursue the M.B.B.S course but on payment seat, so was admitted in the Acharaya Shri Chandra College of Medical Sciences, (for short ASCOMS), Sidhra, Jammu but due to ill health, he could not continue there and resultantly, again competed this year and got selected. The application is placed on record which would indicate that the petitioner had applied to the Principal ASCOMS College for return of his original documents which he had produced there at the time of admission. Same according to him, till date have not been returned, which has disabled the petitioner from producing the original documents before the Principal, Government Medical College, Jammu. However, attested copies already stand furnished. Admit card has also been issued in favour of the petitioner, requisite fee has also been deposited. So in essence he has reported for admission well in time, so has been admitted. It is further contended by the learned counsel for the petitioner that information brochure at page no. 53 contains para no. 16 which provides for closure of the admission process on 30thof September' 2011.

In case at this stage, protective direction is not issued, the petitioner will lose the golden opportunity of reaping the fruit of his toil.

While considering the submissions coupled with the records as made available and with the object of advancing the cause of justice, at this stage, indulgence is warranted. Therefore, status-quo shall be maintained i.e., the admission of the petitioner in Government Medical College, Jammu shall not be disturbed as a necessary corollary the said seat shall not in any case be filled up till next date before the Bench.

Respondent no. 5-Principal A.S.C.O.M.S Sidhra, shall ensure that the original certificates of the petitioner which are stated to be lying in the said College are returned to the petitioner or in the alternative, transmitted to the Principal Government Medical College, Jammu within two weeks, subject of course to the satisfaction of any lawful formality.

Objections, if any, within the notice period. Keeping in view the urgency of the matter, copy of this order be issued under the signatures of the Bench Secretary to the learned counsel for the petitioner so as to enable him to serve the same to the concerned authorities personally by any effective mode available."

Thereafter, the matter was listed on 28.03.2014 and 25.04.2014, however, none appeared for the parties. No effective order was passed on 13.05.2014 and 12.06.2014 when the matter was listed. Apparently, the petitioner has lost interest to pursue the present petition and get the same listed. And why he should have made efforts in this regard when final relief itself had been granted to him at the interim stage. The fact remains that some of lawyers raise a grievance that relief prayed for in the petitions become infructuous because of delayed disposal of cases, however the fact also is that where ever some interim relief is granted to a petitioner no interest is shown to get the matter listed whereas in other matters regularly requests were being made to fix a date of hearing.

There are matters pending in this court in which issue of admission to various professional courses and other classes is involved. In some by interim order either admission was granted or seats were directed to be kept vacant but the cases are still lying in court for decades. There are matters where issues regarding construction of roads, culverts, schools, colleges, community centres and other projects of development are pending consideration before this court. In some cases interim stay has also been granted. In these cases even the government departments and counsels are not taking any interest to furnish the requisite information to the court and get those cases disposed of. In fact, as a result of pendency of these types of cases lot of development projects have been put on hold. These are few examples being noticed. There are many more.

Regularly, the cause list is being issued, which is being uploaded on the website of the High Court. The same is accessible to the Advocates as well as to the litigants. In the cause list issued for this Court, a specific note is being printed to the following effect:

"All Advocates whose cases are listed in cause list are requested to contact the concerned Bench Secretary-Mr. Hilal Yousuf on Mobile No. 9419150533 / Reader-Mr. Reagan Thakur on Mobile No. 9419140621."

In the present case as well none of the parties contacted the Bench Secretary or Reader of this Court.

Considering the aforesaid facts, in my opinion, nothing survives in the present petition at this stage and the same is accordingly, dismissed.