Jammu and Kashmir High Court Dismisses Petition on CDP Quota Allocation in NEET UG-2025 Admissions

Court Upholds BOPEE's Decision, Confirms Horizontal Reservation Exhaustion for CDP Female Candidates 

In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Sanjay Dhar, dismissed a writ petition challenging the selection process under the Children of Defence Personnel (CDP) quota in the NEET UG-2025 admissions. The petition, filed by Ravneet Kour, sought reconsideration of her candidature under the CDP quota, arguing that despite her higher priority within the CDP category, candidates with lower priority were selected.

The petitioner, represented by Advocate Amullaya Gupta, claimed that the Jammu and Kashmir Board of Professional Entrance Examination (BOPEE) failed to adhere to the reservation policy as outlined by the Ministry of Defence. She argued that the horizontal reservation of three percent for CDP should have accounted for her higher priority, regardless of her marks, which were lower than some selected candidates.

BOPEE, represented by AAG Raman Sharma and Advocate Kartikay Sharma, countered that the three percent horizontal reservation for female candidates under the CDP category was already exhausted. The Court noted that the CDP quota functioned as a horizontal reservation, cutting across vertical reservations such as Scheduled Caste, Scheduled Tribe, and Open Merit. Consequently, candidates selected under the CDP quota were placed in appropriate categories based on their merit.

Justice Dhar emphasized that horizontal reservations integrate with vertical reservations, and the exhaustion of the CDP quota meant no further displacement of candidates was necessary. The Court also pointed out that the petitioner failed to specify which candidates with lower priority were selected, weakening her case.

Reaffirming the legal position, the Court referred to a precedent set in "Syed Shaifta Arifeen Balkhi v. J&K Public Service Commission," which clarified the nature of horizontal reservations under the Jammu and Kashmir Reservation Rules, 2005. The ruling underscored that the policy of horizontal reservation is not compartmentalized but operates across categories, ensuring merit-based selection within the reserved quota.

In conclusion, the Court found no merit in the petition, affirming BOPEE's decision and maintaining the selection list as is. This judgment reinforces the principle that reservations must adhere to both priority and merit, ensuring fair and equitable allocation of seats.

Bottom Line:

Horizontal reservation for Children of Defence Personnel (CDP) quota cuts across vertical reservation, and candidates selected under CDP quota are to be placed in their appropriate category based on merit within the respective vertical reservation.

Statutory provision(s): Jammu & Kashmir Reservation Rules, 2005, Ministry of Defence Circular dated 21.05.2018.

Ravneet Kour v. Union of India, (Jammu And Kashmir) : Law Finder Doc Id # 2793365