Jammu & Kashmir High Court – Srinagar Bench
Rayees Ahmad Mir And Ors vs Board Of Professional Entrance on 6 March, 2026
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Serial No. 25
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1444/2020
RAYEES AHMAD MIR AND ORS. ... Petitioner(s)
Through: Mr. Syed Motashim
Vs.
BOARD OF PROFESSIONAL ENTRANCE ...Respondent(s)
EXAMINATION AND ORS.
Through: Mr. Faizan Ahmad, CGC
CORAM:
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
06.03.2026
1. In the instant petition filed under Article 226 of the Constitution, the
petitioners have prayed for the following reliefs:-
a. By issuance of writ of certiorari by which any
administrative action which has a
consequences of paying lower stipend to
petitioners in comparison with other similarly
situated students be quashed and be declared
unconstitutional and violative of Article 14 &
21 of Constitution of India.
b. By issuance of mandamus commanding upon
the respondents 2 to 5 to enhance and to pay
the stipend of Rs. 67,000/- per month as is
being paid who are similarly situated to those
of petitioners and pursuing PG course in the
same institution.
c. By issuance of mandamus commanding upon
the respondents to implement the Government
Order No. 18 viz-a-viz students pursuing PG
course at SKIMS MCH Bemina, Srinagar.
2. The background facts on the strength of which the aforesaid reliefs
have been prayed and as are stated in the petition are that the
petitioners 1 to 4 are pursuing their PG courses in Dermatology,
whereas petitioners 5 to 9 in Psychiatry, petitioners 10 to 24 in
Orthopedics and petitioners 25 to 33 in Ophthalmology, after
having qualified PG NEET Examination conducted by National
Board of Examination in the year 2018, 2019 & 2020 respectively.
3. It is next stated that after qualifying their PG NEET examination,
the State Professional Board (for short BOPEE) directed the
qualified candidates including the petitioners herein to submit their
online preferences for allotment of seats, whereafter counseling of
the candidates was conducted by the BOPEE and after the said
counseling, the petitioners came to be allotted their respective seats
in their respective streams/disciplines in SKIMS, Soura ,Srinagar.
4. It is further stated that the petitioners accordingly joined before
respondent No. 2 whereafter the petitioners came to be directed to
report in SKIMS Medical College and Hospital, Bemina Srinagar
(SKIMS Bemina) for undertaking the PG courses, the said Medical
College being affiliated to the SKIMS Soura, a Deemed University.
5. It is next stated that in the year 2018, the respondent No. 2 have had
issued an order bearing No. 41-SKIMS of 2018 dated 19.05.2018,
whereby the stipend payable to the Post Graduate students of the
SKIMS Soura came to be enhanced, however, the said revision was
not made applicable to those students who were undergoing the PG
course in SKIMS Bemina, Srinagar, as a consequence whereof, the
petitioners including the other candidates who were undergoing the
said course at SKIMS Bemina, sought implementation of the
revised enhanced stipend in their favour as well.
6. It is also stated that the respondents on account of payment of
different amount of stipend to the PG students in SKIMS Soura and
SKIMS Bemina created a disparity, despite the fact that the SKIMS
Bemina, Srinagar is affiliated and is under the control of the SKIMS
Soura.
7. It is lastly stated that the respondents failed to redress the rightful
and legitimate grievance of the petitioners in this regard and
continued to subject the petitioners to discrimination in the matter of
payment of enhanced stipend viz-a-viz the PG students undergoing
courses in SKIMS Soura.
8. A status report to the petition has been filed by the respondents,
wherein it is stated that the Post Graduate courses came to be started
in SKIMS Bemina in the year 2013 initially in two departments
namely in Orthopedics and Ophthalmology and for two more
departments viz Dermatology and Psychiatry in the year 2014.
9. It is admitted by the respondents in the said status report that the
selected candidates for undergoing PG courses in the Departments
of Orthopedics, Ophthalmology, Psychiatry and Dermatology
though initially joined SKIMS Soura a Deemed University, yet
thereafter they were asked to join SKIMS Bemina for undergoing
their respective courses in respective departments.
10. It is further stated in the said status report that in terms of
communication dated 05.07.2013, it came to be decided by SKIMS
Soura that SKIMS Bemina being facilitated with proper budgetary
allocation should follow the existing structure of Government
Medical College, Srinagar with regard to the salary of Post
Graduates where the SKIMS Soura will continue to support for all
academic affairs as and when required and that as per the
verification conducted from the Accounts Section, the Post
Graduate candidates of SKIMS Bemina are being paid their stipend
at the rate as are applicable in Government Medical College/Dental
College Srinagar in terms of Government Order No. 494-HME of
2009 dated 16.11.2009.
Heared counsel for the parties and perused the record.
11. The fact that the petitioners herein qualified the NEET PG
examination conducted by the BOPEE and after counseling came to
allocated different streams/courses thereof in accordance with their
merit position for undergoing their respective allocated courses in
SKIMS Soura, a Deemed University, is not being denied or disputed
by the respondents.
12. It is also not being denied by the respondents that the petitioners
herein after joining SKIMS Soura came to be directed by SKIMS
Soura to undergo their respective courses in their respective
disciplines in SKIMS at Bemina.
13. The respondents have also not denied or disputed the issuance of
order No. 41-SKIMS of 2018 dated 19.05.2018, which being
relevant and germane to the controversy herein is in extracted and
reproduced herein under:-
Sanction is hereby accorded to the revision of stipend stricture
in respect of postgraduate students and tenure based Junior Residents
as detailed below. Besides the stipend they shall be entitled to usualallowance viz.DA, HRA, HPA, CCA and Medical Allowance.
Category 1st year 2nd year 4rd year duration
Postgraduation Rs. Rs. Rs. 48,000/- Three years
other than 43,500/- 46,300/- plus usual
those on plus usual plus usual allowances
employment allowance allowance
in the
Government
Junior Rs. One year
Residents 43,500/-
plus usual
allowance
HRA shall be payable only in favour of those Postgraduates and
Junior Residents who are not provided accommodation of any kind at
the SKIMS Campus.
Such of the Postgraduates, at SKIMS who are already in Government
Service shall draw at the same salary and other allowance permissible
under rules from time to time as they would have drawn in their parent
department.
14. As is manifest from the aforesaid Government, the SKIMS Soura
has accorded sanction to the revision of stipend structure in respect
of Post Graduate Students and tenure based Junior Residents
holding them also entitled to usual allowances with DA, HRA,
NPA, CCA and Medical Allowances and in respect of the Post
Graduate students, the stipend of for the 1st year has been provided
at Rs. 43,500/- + usual allowances, for the 2nd year Rs. 46,300/- +
usual allowances and for the 3rd year Rs. 48,300/- = usual
allowances, and despite the issuance of the order by the respondents
qua the revision of stipend to the Post Graduate students of the
SKIMS, Soura, the respondents, without any lawful justification
have not made the same applicable to the petitioners but have
instead stated that the petitioners are being paid the stipend which is
paid to the Post Graduate students of the Government Medical
College/Dental College, Srinagar in terms of order dated
05.06.2013.
15. Since it is not being disputed or denied that the SKIMS Bemina is
affiliated to the SKIMS Soura a Deemed University under its
Administrative control, there is no reason or lawful justification for
the respondents-SKIMS Soura to deny the payment of revised
stipend to the petitioners as well who in essence have had been
allotted their respective disciplines/courses in SKIMS Soura by
BOPEE and the SKIMS Soura thereafter allocated the petitioners
for undergoing their respective courses in SKIMS Bemina.
The aforesaid approach and conduct of the respondents
cannot but said to be arbitrary inasmuch as hostile discrimination,
the petitioners are subjected to viz-a-viz those post graduate
students who are undergoing courses in SKIMS Soura and are paid
the revised stipend in terms of order dated 19.05.2018. There seems
to be no lawful justification or else rationale behind the said action
of the respondents being thus violating the concept of equality
enshrined in Article 14 of the Constitution.
A reference in this regard would be appropriate to the
judgment of the Apex Court passed in case titled as “State of A.P
Vs. G. Ramakishan & Ors. Reported in 2001 (1) SCC 323″,
wherein a discrimination in regard to the grant of enhanced rate of
stipend has been deprecated, moreso, when there is no reasonable
basis or intelligible differentiate.
16. Viewed thus, for what has been observed considered and analysed
hereinabove, the instant petition succeeds as a consequence whereof
the respondents in general and respondent No. 2 in particular is
commanded to pay the petitioners the revised stipend plus other
allowances in terms of Government Order No. 41-SKIMS of 2018
dated 19.05.2018, from the date the petitioners became entitled
thereto.
17. The said exercise be undertaken and concluded by the respondents
preferably within a period of two months from the date a copy of
this order is produced by the petitioners before the respondents.
18. Disposed of.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR:
06.03.2026
“S.Nuzhat”
Whether the order is speaking Yes/No
Whether the order is reporting Yes/No