WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on : 31.10.2025 Pronounced on : 18.11.2025 Uploaded on : 18.11.2025 WP(C) No. 1796/2019 CM Nos. 3282/2025 & 5360/2025 c/w WP(C) No. 172/2020 CM No. 287/2020 Jammu College of Physiotherapy, Nardani, Raipur …..Applicant/Petitioner Through: Mr. Dhruv Pant, Advocate. Vs State of J&K & Ors. .….Respondents Through: Mr. Sumeet Bhatia, GA Mr. Rajnish Raina, Advocate. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT WP(C) No. 1796/2019 01. The institution of the writ petition on 14.05.2019 by the petitioner-Institute – Jammu College of Physiotherapy proceeded upon a cause of action when with respect to Bachelor of Physiotherapy (BPT) Course for the year 2017-18, the petitioner-Institute had come to admit eleven(11) Serial No. 167 WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 candidates under Management Quota by reference to which admission of eight (8) candidates was objected to have been one below cut-off merit (65 marks) prescribed by the respondent No. 2 – J&K BoPEE. 02. Said eight (8) candidates under the Management Quota for BPT Course 2017-18 were as under :- 1. Maroofa Sultana. 2. Mustafeez Asad Sheikh. 3. Raghvi Mahajan. 4. Nazrana. 5. Pavleen Kour. 6. Safia Mushtaq. 7. Akshita Khajuria & 8. Ruksana Bano. 03. When the objections from the end of the respondent No. 2 – J&K BoPEE and the respondent No. 4- University of Jammu with respect to the admission of above named eight (8) candidates came to be agitated and taken up, their first year course study had already begun keeping in view which this Court, in terms of very first order dated 14.05.2019, came to show indulgence with a direction that said eight (8) candidates pursuing their BPT Courses in the petitioner- Institute under Management Quota for the session 2017-18 be permitted to appear in the BPT 1st Prof. Examination (Regular Session) May – June, 2019 for which the date sheet WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 had been issued on 05.04.2019 prior to the institution of the writ petition on 14.05.2019. 04. The institution of writ petition by the petitioner in essence was and is to salvage the admission of said eight (8) candidates made under Management Quota which admission was being objected to by the respondent No. 2 – BoPEE and the respondent No. 4 – University of Jammu on account of cut-off marks prescription which the petitioner-Institute objected to on the legal front that the prescription of cut-off marks/merit limit is not within the competence of the respondent No. 2 – J&K BoPEE by its very constitution and authority, as the Bachelor of Physiotherapy (BPT) being a course study does not fall within the domain of the respondent No. 2 – J&K BoPEE so as to be governed in terms of the admission and procedure therewith. 05. In this writ petition, the writ petitioner came forward claiming the following reliefs:- “(a) An appropriate writ, order or direction in the nature of writ of mandamus declaring the condition of cut-off-merit for Ayush/BPT courses prescribed by the Respondent no.2 - Board at 65 marks for management quota seats in private professional educational institutions as indicated in the communication no. BOPEE/Sts./ MQ/BPT-JCP/2017 dated 03.01.2018, as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 (b) An appropriate writ, order or direction in the nature of writ of certiorari quashing communication no. Regn./l9/11386-88 dated 16.01.2019, communication no. Regn./19/l1539-40 dated 07.03.2019 and communication no. 19/1165-66 dated 28.03.2019 issued by respondent no.4 threatening cancellation of admission of 08 candidates who are pursuing their BPT courses in the Petitioner-College for the session 2017- 18 under management quota. (c) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondent no.4 to entertain the Registration Returns (RRs) of 08 candidates pursuing their BPT courses in the Petitioner- College for the session 2017-18 under management quota, to issue them their Roll numbers and to permit them to participate in the ensuing examination commencing w.e.f. 16th May, 2019 in view of the approval granted by the Supervisory & Monitoring Constitutional Statutory Permanent Committee - respondent no. 5 as communicated to the petitioner vide letter no. CS&MCSPC/70 dated 21.01.2019. (d) Any other relief, which this Hon'ble Court in the facts and circumstances of the case deems fit and proper." 06. Pursuant to the direction as given in the first order dated 14.05.2019 related to the permission for examination of eight (8) candidates for BPT course for the session 2017- 18, the petitioner came forward with an application CM No. 8178/2019 filed on 22.10.2019 seeking directions to the respondent No. 4 – University of Jammu to declare the result of six (6) candidates, namely – 1. Mustafeez Asad Sheikh. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 2. Raghvi Mahajan. 3. Nazrana. 4. Pavleen Kour. 5. Safia Mushtaq & 6. Ruksana Bano. who were said to have actually taken the examination on the basis of the direction as given in an order dated 14.05.2019 which otherwise was for eight(8) candidates. 07. Two (2) candidates, namely, Maroofa Sultana & Akshita Khajuria were not able to sit in the examination because of shortage of their attendance. 08. The result of BPT 1st Prof. (Regular Examination) Session May – June, 2019 was declared by the respondent No. 4 – University of Jammu on 10.10.2029 but the result of six (6) candidates, above mentioned, was withheld because of the Court direction not to said effect. 09. In said application CM No. 8178/2019, it came to be mentioned that the declaration of result of six(6) candidates was essential for enabling them to be admitted in the next session of the course. 10. While the aforesaid application CM No. 8178/2019 came to be so filed, it came to be followed by institution of writ petition WP(C) No.172/2020 on 17.01.2020 filed by WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 eight (8) candidates so admitted under the Management Quota in order to salvage their admission for BPT course, Session 2017-18 objected to by the respondent No. 2 – J&K BoPEE. 11. In their said writ petition WP(C) No. 172/2020, the writ Court, by virtue of an order dated 20.01.2020, came to permit said eight (8) to appear in the supplementary examination commencing with effect from 22.01.2020 for which the respondent No. 4 – University of Jammu was directed to issue admit cards for enabling them to take the examination with a rider that no result to be declared till specifically ordered by this Court. 12. At the time of filing of the writ petition WP(C) No. 172/2020 by eight (8) candidates out of which six (6) had taken 1st Prof. Regular Examination held in May-June, 2019 pursuant to the order dated 14.05.2019 passed in writ petition WP(C) No. 1796/2019 but were not being sure of the outcome of the result, thus sought the indulgence to sit in the supplementary examination in the event of not being declared pass. 13. An application CM No.3147/2020 dated 05.07.2020 came to be filed by the petitioner-Institute wherein the petitioner-Institute came to refer to the WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 institution of the writ petition WP(C) No. 172/2020 by eight (8) candidates. In said application, it came to be referred that six (6) candidates out of eight(8) candidates had appeared in the examination Session May-June, 2019 whose result needed to be declared for their next year admission. 14. In this application CM No. 3147/2020, the writ Court, by virtue of an order dated 10.07.2020, came to direct the respondent No. 4 – University of Jammu to produce the result of eight (8) candidates who were permitted to sit in the examination of BPT course as per order dated 14.05.2019, in a sealed cover. 15. It is pertinent to mention here that though the direction was for production of result of eight (8) candidates but infact even as per the petitioner only six (6) candidates had appeared in the said examination who are named above whose result mattered to be declared. 16. Order dated 10.07.2020 came to be followed by an order dated 21.08.2020 whereby an application CM No. 4274/2020 dated 14.08.2020 seeking direction for enabling taking of supplementary examination for BPT 1st Prof. (Regular/Subsequent Session) August/September, 2020 came to be dismissed. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 17. In this application CM No. 4274/2020, the petitioner had not disclose as to whether all eight (8) candidates were intended to have the supplementary examination for BPT 1st Prof (Regular/Subsequent Session) August/September, 2020. 18. It is pertinent to mention here that order dated 21.08.2020 came to be challenged in LPA No. 84/2021 by the petitioner-Institute which resulted in an order dated 07.04.2022 by the Division Bench with a direction to the respondent No. 4 – University of Jammu to declare 1st Year Examination result of eight (8)/six (6) candidates provisionally, subject to the decision of the writ petition so as to enable the candidates to take the examination scheduled next to commence and in case for any reason it being not possible to declare the result immediately, then said students to be allowed to sit for the examination subject to declaration and passing of 1st Year Examination. The writ Court was directed to dispose of the writ petition as expeditiously as possible. 19. Post order dated 21.08.2020 of the writ Court rejecting application CM No.4274/2020, the petitioner came forward with an application CM No.5638/2020 dated 14.07.2021 seeking direction unto the respondent No. 3 – WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 Chairman, J&K BoPEE to reconsider the decision taken by it with respect to the eligibility of the candidates for taking admission in the four years BPT Course for the session 2017- 18 under management quota below 65 cut-off marks in the petitioner-Institute keeping in view the admission made with respect to admission in BAMS course in the Jammu Institute of Ayurveda for the same session 2017-18 against the management quota seats. 20. In terms of an order dated 29.03.2022, this Court came to direct eight (8) students, aforenamed under management quota admission for BPT Course, Session 2017- 18 to be allowed to appear in 2nd Prof. (Regular Examination) which was to commence from 08.04.2022 subject to a rider as set out in said order dated 29.03.2022. 21. The Division Bench order dated 07.04.2022 soon followed order dated 29.03.2022 of the writ Court for enabling 2nd Prof. (Regular Examination of eight (8) candidates. 22. On 15.12.2021, the respondents No. 2 & 3 – J&K BoPEE and its Chairman came forward with reply to the writ petition. 23. Post Division Bench order dated 07.04.2022 passed in LPA No. 84/2021, the petitioner came forward WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 with an application CM No. 2784/2022 dated 25.04.2022 thereby seeking direction unto the respondent No. 4 – University of Jammu to allow five(5) candidates, namely, 1. Nazrana. 2. Safiya Mushtaq, 3. Rukhsana Bano. 4. Maroofa Sultana & 5. Akshita Khajuria to appear in 1st year Examination of BPT course meaning thereby said five (5) students out of eight (8) students were still held up in their 1st year examination. 24. In compliance to the Division Bench order dated 07.04.2022, the respondent No. 4 – University of Jammu came to declare the 1st year examination result of six(6) candidates, namely, 1. Mustafeez Asad Sheikh. 2. Raghvi Mahajan. 3. Nazrana. 4. Pavleen Kour. 5. Safia Mushtaq & 6. Ruksana Bano. out of whom three (3) candidates, namely Nazrana, Safiya Mushtaq & Rukhsana Bano were declared not pass in 1st year examination, meaning for them to reappear in the 1st year BPT examination. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 25. Thus, application CM No. 2784/2022 the petitioner-Institute actually came to ask for admission of five (5) candidates, namely, 1. Maroofa Sultana. 2. Akshita Khajuria 3. Nazrana 4. Safia Mushtaq & 5. Ruksana Bano to take 1st year examination of the BPT course. 26. Vide an order dated 28.04.2022, this Court came to allow the application CM No. 2784/2022 thereby allowing above named five(5) candidates for reappearing in 1st year BPT course examination with a rider not to declare result till further orders from this Court. 27. Application CM No. 6122/2022 came to be filed by the petitioner-Institute on 19.10.2022 thereby seeking a direction unto the respondent No. 4 – University of Jammu to declare the result of three(3) students, namely, 1. Mustafeez Asad Sheikh. 2. Raghvi Mahajan & 3. Pavleen Kour Isher who had appeared in the B. Ph. T 2nd Prof. (Regular Session) Examination held in May 2022 and further to allow them to appear in the 3rd Prof. (Regular Session) Examination in case of having passed 2nd Prof. (Regular Session) WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 Examination otherwise to reappear in the 2nd Prof. Supplementary Examination. 28. In terms of an order dated 29.10.2022, this Court came to allow application CM No. 6122/2022 by directing the respondent No. 4 – University of Jammu to declare 2nd Prof. (Regular Session) BPT examination held in May, 2022 with the consequent directions as asked for by the petitioner- Institute in CM No. 6122/2022. 29. Application CM No. 2384/2023 filed on 20.04.2023 and application CM No. 2387/2023 also filed on 20.04.2023 came to be preferred by the petitioner seeking interim directions. 30. In CM No. 2384/2023, the petitioner came to ask for the following directions:- “Application on behalf of the applicant-petitioner for directing the respondent No. 4 to declare the result of the students, namely, Maroofa Sultana, Safiya Mushtaq and Rukshana Bano, who had appeared in the BPh.T 1st Prof. (Regular Session)Examination held in November-December, 2022 and to allow such students who succeed, to appear in ensuing BPh.T 2nd Prof. (Subsequent Session) Examination and to further permit the candidates who failed in the BPh. T 1st Prof. (Subsequent Session) Examination to appear in the Supplementary Examination of the 1st Prof.” WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 31. In application CM No. 2387/2023, the petitioner came to seek the following directions:- “Application on behalf of the applicant-petitioner for directing the respondent No. 4 to declare the result of the student, namely, Pavleen Kour Ishar who had appeared in BPh.T Final Prof. (Regular Session) Examination held in November, 2022 and to allow the above named student if succeeds, to pursue internship after mark sheets are issued in her favour and to further permit the student if failed in the BPh.T Final Prof. (Regular Session) Examination to appear in the Supplementary Examination of the Final Prof.” 32. Application CM No. 2561/2023 came to join on docket from the petitioner-Institute’s end filed on 28.04.2023 asking for the following reliefs:- “Application on behalf of the petitioner for a direction to the respondent No. 4 to declare the result of 2nd Prof. BPh.T (subsequent session) examination held in January-February, 2023 of the three candidates, namely, Mustafeez Asad Sheikh, Raghvi Mahajan & Nazrana.” 33. By virtue of an order dated 01.05.2023, said three applications came to be disposed of with a direction for declaration of 1st Prof. (Regular Session) B.Ph.T examination which was held in November/December, 2022 and also result of 3rd Prof. (regular session) B.Ph.T examination held in November, 2022. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 34. Application CM No. 3535/2023 dated 05.06.2023 came to be filed by the petitioner-Institute seeking direction unto the respondent No. 4 – University of Jammu to allow Akshita Khajuria to appear in the 1st Prof. B. Ph. T University Examination (subsequent session) batch (2019-20) (2020- 21). 35. This Court, in terms of an order dated 12.06.2023, allowed application CM No. 3535/2023 by directing the respondent No. 4 – University of Jammu to allow the applicant – Akshita Khajuria to take 1st Prof. BPT University Examination as a reappear candidate without disclosing the result. 36. Application CM No.5688/2023 filed on 16.09.2023 came to be presented by the petitioner-Institute seeking direction unto the respondent No. 4 to declare the result of the three (3) students, namely, Maroofa Sultana, Nazarana and Ruksana Bano who had appeared in the B. Ph. T 2nd Prof. (regular session) examination held in May, 2023 and to allow the above named students if they succeed, to appear in the Final Prof. (Subsequent Session) Examination and to further permit the students if they fail in the B. Ph. T 2nd Prof. (Regular Session) Examination to appear in the supplementary examination of the 2nd Prof. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 37. Application CM No.5688/2023 came to be disposed of vide an order dated 18.09.2023 thereby directing the respondent No. 4 – University of Jammu to declare in official manner the result of three (3) candidates, namely, Maroofa Sultana, Nazrana & Ruksana Bano of their 2nd Prof. (Regular Session) B. Ph. T Course Examination held in May, 2023. 38. In terms of an order dated 18.09.2023, this court further directed with respect to said three (3) students to pursue their further course of examination in the event of having passed the requisite 2nd Prof. (Regular Session) Examination B. Ph. T course. 39. The petitioner-Institute then again came forward with an application CM No. 6700/2023 filed on 07.11.2023 thereby seeking a direction unto the respondent No. 4 – University of Jammu to declare the result of the students, namely, Mustafeez Asad Sheikh and Raghvi Mahajan who had appeared in the B. Ph. T 3rd Prof. (Regular Session) Examination held in July, 2023 and to allow the above named students if they succeed, to pursue internship after issuance of their mark sheets for 1st, 2nd & 3rd Prof. and to further permit the students, if they fail in B. Ph. T 3rd Prof. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 (Regular Session) Examination, to appear in the supplementary examination of the 3rd Prof. 40. In terms of an order dated 29.11.2023, this Court again directed the respondent No. 4 – University of Jammu to declare the result of said two(2) students for their 3rd Prof. (Regular Session) B. Ph. T Examination with a further direction with respect to said two (2) students to pursue their further course of examination/internship after issuance of marks sheet for 1st, 2nd & 3rd Prof. Examination. 41. Application CM No. 6702/2023 got filed by the petitioner-Institute on 07.11.2023 thereby seeking direction unto the respondent No. 4 – University of Jammu to declare the result of the students, namely, Akshita Khajuria and Safiya Mushtaq who had appeared in the BPT 1st Prof. (Subsequent Session) Examination held in July, 2023 and to allow the above named students, if they succeed, to appear in the 2nd Prof. (Subsequent Session) Examination and to further permit the students, if they fail in the B. Ph. T 1st Prof. (Subsequent Session) Examination to appear in the Regular Session Examination of the 1st Prof. 42. This application CM No 6702/2023 came to be disposed of by this Court vide order dated 29.11.2023 directing the respondent No. 4 – University of Jammu to WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 declare the result of Akshita Khajuria and Safiya Mushtaq of their 1st Prof. (Subsequent Session) BPT Examination held in July, 2023 with a further direction with respect to them to pursue their future course of examination in the course. 43. Two applications i.e., CM No. 1757/2024 dated 27.03.2024 & CM No. 2658/2024 dated 13.05.2024 filed by the petitioner-Institute came to be disposed of by this Court vide and order dated 24.05.2024. 44. In application CM No. 1757/2024, the petitioner- Institute sought direction unto the respondent No. 4 – University of Jammu to declare the result of two students, namely, Maroofa Sultana and Nazrana who had appeared in the BPT 2nd Prof. (Subsequent Session) Examination held in November/December, 2023 and to allow above named students, if they succeed, to appear in the BPT 3rd Prof. Examination and to further permit the students if they fail in the BPT 2nd Prof. (Subsequent Session) Examination to appear in the Regular Examination of 2nd Prof. 45. In an application CM No. 2658/2024, the petitioner-Institute sought direction unto the respondent No. 4 – University of Jammu to declare the result of the student, namely, Ruksana Bano who had appeared in the BPT 3rd Prof. (Subsequent Session) Examination held in February, WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 2024 and to allow the above named student, if she succeed, to pursue internship after issuance of her mark sheet for 1st, 2nd and 3rd Prof. and to further permit the student, if she fail in the B. Ph. T 3rd Prof. (Subsequent) Examination to appear in the supplementary examination of the 3rd Prof. 46. This Court in terms of an order dated 24.05.2024 directed to declare the results of three(3) students, namely, Maroofa Sultana, Nazrana and Ruksana Bano for their 2nd and 3rd Prof. BPT Examinations and in the event of passing of said examinations then permitting said three (3) students to appear for next course of examination including internship relatable to 4th year examination. 47. An application CM No. 5864/2024 dated 05.10.2024 came to be filed by the petitioner-Institute thereby seeking direction unto the respondent No. 4 – University of Jammu to declare the result of the student, namely, Nazrana who had appeared in the BPT 3rd Prof. (Regular Session) Examination held in July, 2024 and to allow the above named student, if she succeed, to pursue internship after issuance of her mark sheet for 1st, 2nd & 3rd Prof. and to further permit the student, if she fail in the B. Ph. T 3rd Prof. (Regular) Examination to appear in the supplementary examination of the 3rd Prof. WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 48. The petitioner-Institute further came forward with an application CM No. 6753/2024 dated 20.11.2024 thereby seeking direction unto the respondent No. 4 – University of Jammu to declare the result of the student, namely, Maroofa Sultana who had appeared in the BPT 2nd Prof. (Regular Session) Examination held in August, 2024 and to allow the above named student, if she succeed, to appear in the BPT 3rd Prof. Examination and to further permit the student, if she fail in the BPT 2nd Prof. (Regular Session) Examination to appear in the supplementary examination of the 2nd Prof. 49. Said two applications i.e. CM No. 5864/2024 & CM No. 6753/2024 came to be disposed of by this court in terms of an order dated 13.12.2024 directing the respondent No. 4 – University of Jammu to declare the result of Maroofa Sultana for 2nd Prof. (Regular Session) Examination and of Nazrana for her B. Ph. T 3rd Prof. (Regular Session) Examination. 50. Application CM No. 1588/2025 came to filed by the petitioner – Institute on 17.03.2025 seeking direction unto the respondent No. 4 – University of Jammu to declare the result of the student, namely, Safiya Mushtaq who had appeared in the BPT 1st Prof. (Regular Session) Examination WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 held in November, 2024 and to allow the above named student, if she succeed, to appear in the BPT 2nd Prof. Examination and to further permit the student, if she fail in the BPT 1st Prof. (Regular Session) Examination to appear in the supplementary Examination of 1st Prof. 51. This application came to be disposed of by this Court in terms of an order dated 16.05.2025 thereby directing the respondent No. 4 – University of Jammu to declare the result of Safiya Mushtaq for her 1st Prof. (Regular Session) Examination held in November, 2024 with a further direction to allow her to pursue her future course of studies. 52. Application CM No. 2381/2025 came to be filed on 24.04.2025 thereby seeking direction unto the respondent No. 4 – University of Jammu to declare the result of the student, namely, Nazrana who had appeared in the BPT 3rd Prof. (Subsequent Session) Examination held in Dec-Jan, 2024-25 and to allow the above named student, if she succeed, to pursue internship after issuance of her mark- sheet for 1st, 2nd & 3rd Prof. and to further permit the student, if she fail in the BPT 3rd Prof. (Subsequent) Examination to appear in the supplementary Examination of the 3rd Prof. 53. This application came to be disposed of by this Court in terms of an order dated 07.05.2025 with a direction WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 to declare the result of the student, namely, Nazrana for her 3rd Prof. BPT Examination held in Dec-Jan, 2024-25. 54. Now, two applications i.e. CM No. 3282/2025 filed on 29.04.2025 and CM No. 5360/2025 filed 29.08.2025 have come up in long line of disposed of applications again seeking indulgence. 55. In CM No. 3282/2025, the petitioner-Institute is seeking direction unto the respondent No. 4 – University of Jammu to issue the mark sheets of 1st, 2nd & 3rd Prof. Examinations to the student, namely, Nazrana, who has been declared successful in all the said Prof. examinations whereas in CM No. 5360/2025 the petitioner-Institute is seeking direction unto the respondent No. 4 to declare the result of Maroofa Sultana for B.Ph. T 2nd Prof. (Subsequent Session) Examination held in Feb-March, 2025 and to allow the said candidate, if she succeed, to appear in the B. Ph. T 3rd Prof. Examination with a further direction to permit Maroofa Sultana, if she fail in the B. Ph. T 2nd Prof. Examination, to appear in the supplementary Examination of the 2nd Prof. 56. It is in the backdrop of the aforesaid intervening evolving developments all attended by the repeated applications filed from time to time from the end of the WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 petitioner-Institute resulting in corresponding appropriate directions from this court and getting complied with from the respondents’ end without any demurrer that the institution of the last two applications i.e. CM No. 3282/2025 & CM No. 5360/2025 have come forth. 57. Keeping in view the fact that this Court now is not in any position by any stretch of claim and cause to reverse the admission of eight (8) candidates who joined the petitioner-Institute for BPT Course 2017-18, as such, the purpose of this writ petition perhaps stands served by de- facto mode by time to time passed directions in the case which came to be carried into compliance thereby facilitating BPT course study of said eight (8) students in reference for completion of their BPT Degree Course. The core issue which otherwise was generated by the petitioner-Institute has perhaps been left far behind for adjudication of which the eight (8) cannot be made to wait for all times to come, even after having passed or going to pass the regular BPT Degree course. Therefore, this Court is now well within its discretion and decision to resort to equitable consideration and jurisdiction in the matter of disposing of this writ petition along with WP(C) No. 172/2020 preferred by the eight (8) WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 students so as to rest suspense attending their future and career once for all. 58. This Court holds the admission of said eight (8) students by the petitioner-Institute for BPT Degree Course 2017-18 as valid admission and, accordingly, rest of the academic course study of said eight (8) students is to be held to be legitimate to which the respondent No. 4 – University of Jammu is to accord status accordingly without impinging the rights of said eight (8) students in completion of their course study and earning degree in that regard from the petitioner – Institute as well as from the respondent No. 4 – University of Jammu. 59. In case, said eight (8) students have been left with any examination to be cleared towards earning their final degree then they shall be fully entitled to take the examinations along with requisite internship so as to qualify themselves to earn final degree from the petitioner-Institute as well as from the respondent No. 4 – University of Jammu. 60. The disposal of this writ petition shall be without prejudice to the right/s of the petitioner-Institute as well as of the respondent No. 2 – J&K BoPEE to get the issue agitated in some other suitable litigation with respect to the competence of the respondent No. 2 – J&K BoPEE to govern WP(C) No. 1796/2019 c/w WP(C) No. 172/2020 and guide the admission for BPT court in UT of Jammu & Kashmir in the matter of prescribing cut-off marks. 61. Disposed of accordingly. (RAHUL BHARTI) JUDGE JAMMU 18.11.2025 Muneesh Whether the judgment is speaking : Yes Muneesh Sharma 2025.11.18 18:26 I attest to the accuracy and integrity of this document