JUDGMENT : Muzaffar Hussain Attar, J.:- 1. Like the complexities of life, this case has thrown up a complex situation which has brought the Court on cross roads of justice. 2. The cases are to be decided in accordance with law. The justice, as is held by the Division Bench of this Court, in Case titled J&K BOPEE and Ors v. Sunanadni Sharma and Ors. reported in AIR 2014 J&K 45, in itself is a supreme law. Relevant para is taken note of:- ".... The Constitutional Court is duty bound to uphold the merit of a meritorious candidate and is further duty bound to ensure that justice is meted out and wrong done is remedied. True, it is that justice is to be done in accordance with the law. The justice, however, in itself is a supreme law and cannot become subservient to an interpretation of a law which may result meeting out harsh injustice to a person..." 3. The Division Bench of this Court in case titled Joginder Kour v. Union of India and Ors. reported in 2012 (4) JKJ 1131 (HC) has observed as under:- "Amongst others, in beauty, and hazard of human life, lies its unpredictability. Sometimes, the human life projects and poses most complex problems for their solution. In the scheme of nature, it is the human life, which occupies the central position. Through the evolutionary process, besides other things which are available in this universe, the human life has to be shaped up so as to enable it to illuminate its surroundings. With the progress of time, civil societies have come into existence which is governed by rule of law. The laws whether fundamental, primary or subordinate legislations, are all brought into existence for the welfare of the human being. The laws are, thus, to be interpreted in a manner, which work for the advantage of the human being. Everything which one faces in the life, cannot be foreseen. The life, when it poses some complex problems for which no existing solution is available, then, an honest effort has to be made to retrieve a person from such a situation. The life, at times, becomes unpredictable and the laws for such a situation, thus, would not be available on the statute book. The life, when it poses some complex problems for which no existing solution is available, then, an honest effort has to be made to retrieve a person from such a situation. The life, at times, becomes unpredictable and the laws for such a situation, thus, would not be available on the statute book. The case on hand is one such rare and exceptional case where the laws, as they are, have created more problems than solving the same for the appellant. This court is duty bound to meet out justice to the appellant. Justice, however, has to be done in accordance with the laws. When the consequences of an action based on existing laws are bound to produce harsh results, then the concept 'justice according to the laws', has to be tailored and fashioned in a manner which would produce most equitable and just results..." 4. The Division Bench of this Court in yet another case titled Owais Mehmood v. State and Ors. passed in LPA. No. 09/2015 decided on 3rd July, 2015 has spelt out the contours and power of the justice. ".... Justice is overawing, over imposing and overwhelming feature of life. Justice transcends all manmade barriers. It denudes injustice of all its lethal effect. Justice essentially is an all pervasive legal force; its administration is guided by rules of nature, and is tempered with compassion..." 5. The petitioner in her 10+12 examination has secured 91.8% marks. In pursuance to the Court orders, she has been subjected to selection process and in view of the response filed by the respondent-BOPEE, she, on the basis of her merit has secured a seat for undergoing MBBS Course in Government Medical College (GMC), Srinagar. 6. A brief narration of the facts of this case is given as under:- "a. The respondent-BOPEE invited online applications vide Admission Notification No. 02-BOPEE of 2015 dated 16.02.2015 from the eligible candidates. The BOPEE had to conduct the Common Entrance Test (for short "CET-2015") for admission in respect of various Professional Courses which included MBBS Course as well. It was specifically mentioned in the Advertisement Notification that online application forms alone will be entertained by the BOPEE. For submission of online application forms step by step procedure was provided in Electronic Information Brochure for CET-2015. b. The Brochure along with application form was kept available on BOPEE official website. It was specifically mentioned in the Advertisement Notification that online application forms alone will be entertained by the BOPEE. For submission of online application forms step by step procedure was provided in Electronic Information Brochure for CET-2015. b. The Brochure along with application form was kept available on BOPEE official website. The eligible candidate was required to submit the application form in three steps.; c. Step-1 provided the manner, in which the application form would be generated with auto generated Application number; d. Step-2 provided for payment of fee. The candidates were provided online as well as offline mode for payment of fee. In terms of Step-3, the candidate, who had made online payment was required to submit the application form by pressing "Submit Button" of online form and the candidate who made offline payment was required to enter payment details in the online form and then follow the procedure by pressing " Submit Button"." 7. The case of the petitioner is that she generated the application form and paid the fee by following offline mode and then submitted the form in accordance with method provided hereinabove. 8. The admit card was not issued to the petitioner which constrained her to approach this court by filing of writ petition, wherein she has prayed that respondents be directed to issue admit card in her favour and allow her to take examination for competing in the selection process for undergoing MBBS Course. 9. The Court on 29th May, 2015, directed the respondents to issue admit card to the petitioner to enable her to take the CET-2015, provided it was denied on that ground that receipt of the fee has not been uploaded on the website of the respondents. The order is take note of; "...Notice for Rule Nisi. List in the week commencing from 6th July, 2015. Meanwhile, reply affidavit. M.P. No. 01/2015. Notice as above. In he meanwhile, respondents are directed to issue Admit Card to the petitioner to enable her/him to take the common entrance test provided he has been denied issuance of Admit Card on the ground that receipt of fee has not been uploaded on the website of the respondents. This order, however, will not confer any benefit on the petitioner and he will not claim any equity under it. The result of the petitioner shall not be declared till further orders from the Court. This order, however, will not confer any benefit on the petitioner and he will not claim any equity under it. The result of the petitioner shall not be declared till further orders from the Court. In view of the urgency expressed, copy of the order be provided to learned counsel for the petitioner under the seal and signature of Bench Secretary..." 10. Thereafter on 26th June, 2015, the Court, while taking cognizance of submissions of learned counsel for the petitioner, directed the respondents to submit the result of the petitioner in a sealed cover before the Court within one week. On 6th July, 2015, the merit position of the petitioner was produced before the Court in a sealed cover. The result so produced, disclosed that petitioner had 000156 rank in the Open Merit category. The result was taken on record. The respondents were directed to file reply and disclose the merit obtained by last candidate as also about the maintainability of the writ petition. 11. The Court again on 9th July, 2015, directed the respondents to call the petitioner for counseling in view of the merit secured by her. 12. The petitioner was subjected to counseling and in her second counseling, as per the compliance report filed by the respondent-BOPEE, seat has been reserved for the petitioner in GMC, Srinagar in accordance with her merit. 13. Mr. Azhar ul Amin, learned counsel for the respondent-BOPEE, vehemently argued the case and submitted that the writ petition deserves dismissal on the principle ground that the petitioner had not submitted the form and no form pertaining to the petitioner was received in the data base of the respondent-BOPEE. Learned counsel submitted that it appears, after downloading the form and filling the same, the petitioner has not pressed the "Submit Button" and it is for this reason that the online application form was not received in the data base of respondent -BOPEE. Learned counsel submitted that the petitioner, thus, being not a candidate in the selection process, cannot be declared to have been selected for undergoing MBBS course. 14. Learned counsel further submitted that the admit card was issued in favour of the petitioner and she was subjected to selection process as also counseling in pursuance to the interim direction of this Court. 14. Learned counsel further submitted that the admit card was issued in favour of the petitioner and she was subjected to selection process as also counseling in pursuance to the interim direction of this Court. Learned counsel submitted that the interim direction, which has permitted the petitioner to participate in the selection process, in the facts of this case, would not clothe her with any right in her securing berth in the GMC, Srinagar and securing higher merit would be inconsequential. Learned counsel in support of his submissions referred to and relied upon the Judgments of Hon'ble the Supreme Court in case titled Bedanga Talukdar v. Saifudullah Khan and Ors. reported in AIR 2012 SC 180-3 and Division Bench of this Court in case titled Dr. Anuradha Gandral v. State of J&K and Ors. passed in LPASW. No. 217/2011 decided on 6th December 2012 and submitted that the petition would merit dismissal. 15. The Courts, as already stated in this order, at times get stuck on cross roads. 16. The Courts are constituted for administrating justice and justice is to be administered in accordance with law. However, as already stated the Division Bench of this Court, has ruled that justice in itself is a supreme law and justice transcends all the technical barriers to defend the rights of the meritorious candidates. The Courts are duty bound to uphold the merit and ensure that it does not become casualty. 17. The petitioner has secured 91.8% marks in her 10+2 examination, as is shown from the record. In response to the Advertisement Notification issued by the BOPEE, steps were taken by the petitioner for competing in the selection process and for securing berth in GMC, Srinagar for undergoing MBBS course, she downloaded the application form, thus, completed the Step-1. She deposited the fee by adopting the offline mode, evidence whereof is available on writ record. It is in this fact situation it has to be considered and decided as to whether the petitioner would have not pressed the "Submit Button". 18. A meritorious candidate has completed first two steps. In the facts of this case, it has to be assumed that she must have pressed "Submit Button". It is in this fact situation it has to be considered and decided as to whether the petitioner would have not pressed the "Submit Button". 18. A meritorious candidate has completed first two steps. In the facts of this case, it has to be assumed that she must have pressed "Submit Button". It cannot be accepted that after completing first two steps the candidate would be so indolent that she will not press the "Submit Button", which alone would enable her to compete in a selection process, which, on the basis of the merit would ultimately land the candidate in a Medical College for undergoing MBBS course. It is a do or die situation for the candidate. The candidate would not, in such circumstances, forget or fail to press the "Submit Button". 19. The machines cannot become the ultimate Arbitrator to decide the fate of the meritorious candidate. It cannot be ruled out that because of some defect or minor fault, when the petitioner pressed the "Submit Button" the machine or online system, failed to respond or created an illusion of having completed the act 20. There is no guarantee that machines would be foolproof and faultless and would function properly at every time. There can be fault and flaw in on line functioning also. These are experiences, which everybody, who deals with these machines, must have undergone. When a human being is not perfect and faultless, how can be a machine, which is his creature be perfect and work flawlessly. 21. Nobody can guarantee, not even manufacturer of machines or online operators that their machines are faultless and flawless. In order to avoid any such situation to arise, the BOPEE should have made provision for filing Hard Copies of the application forms, besides filing them online. If Hard Copies would have been permitted to be filed, then the candidate, who would not have filed the same, it could be safely concluded that he has not filed the application form and then he/she would not be treated to be a candidate in the selection process. 22. The machines are made for the benefit of the people. They cannot be permitted to destroy the legal and constitutional right of the people. 23. 22. The machines are made for the benefit of the people. They cannot be permitted to destroy the legal and constitutional right of the people. 23. As is admitted in the facts of this case, the petitioner is a meritorious candidate as she, on the basis of her merit, has secured berth in the GMC, Srinagar for undergoing MBBS course, notwithstanding the fact, that her selection was regulated by the interim Court orders. 24. The Judgment of Hon'ble the Supreme Court, on which reliance was placed by learned counsel for respondent-BOPEE, has been decided on its own facts. The candidate in that case had failed to produce disability certificate. It was ruled that in view of the terms and conditions contained in the Advertisement Notice, it was a necessary requirement. Similarly in case titled Dr. Anuradha Gandral v. State and Ors, the candidature was not considered, inasmuch as, the experience certificate was not filed in the prescribed proforma. The Court ruled that filing of the experience certificate in prescribed proforma was to ensure that only the candidate having genuine experience will be given credit of same. That is not the fact situation in this case. There being material difference in the facts of this case, these judgment(s) will not act as precedents. 25. Life and laws walk hand in hand together. Laws are made to facilitate the functioning of the life of human beings. Life sometimes pushes laws ahead of it. This is being done to attain the final goal of justice. The justice acts as fulcrum of the Universe. It bears the entire weight of Universe. Denial of justice can, at times, cause catastrophic situation in the society. Efforts are to be made for administering justice in accordance with laws and justice is to be tempered with compassion. If the petitioner, who, for no fault of her, was initially denied opportunity to participate in the selection process, would have not approached the Court, would have been left out of the race which she has won because of the Judicial intervention. Her merit has put her on the right track in her life. 26. In the facts of this case, it has to be concluded that petitioner filed the application and was a genuine candidate with right to participate in the selection process. Her merit has put her on the right track in her life. 26. In the facts of this case, it has to be concluded that petitioner filed the application and was a genuine candidate with right to participate in the selection process. Further petitioner has to be allotted MBBS seat in GMC, Srinagar for undergoing the MBBS course, as per her declared merit. 27. The discussion stands closed. This writ petition along with connected MP(S) is disposed of in the following manner:- "The respondent-BOPEE is directed to issue the Notification, providing therein that the petitioner has been selected as a General Category candidate for undergoing MBBS course in GMC, Srinagar, for which seat stands already reserved for academic Session 2015. The Notification be issued before 24th September, 2015. The Principal GMC, Srinagar is directed to admit the petitioner in the first semester MBBS course immediately after the notice is issued by the respondents and before 30th of September 2015. In view of the disposal of writ petition, the contempt proceedings do not survive for further consideration. Rule is discharged."