JUDGMENT : 1. In response to an advertisement notice issued for National Entrance Examination Test (NEET) (under-graduate), 2017, both petitioner as well as respondent No.2 competed under sports category. Petitioner has secured 405 marks while as respondent No.2 has secured 462 marks in the NEET. Respondent No.2 has been selected for under MBBS Course. 2. Petitioner has filed the instant petition projecting therein that in terms of Rule 3 of the Jammu and Kashmir Certification of Outstanding Proficiency in Sports Rules, 2008, for purposes of determination of merit under sports category for selection to professional course in post-graduate/graduate/diploma level etc. 60% weightage has to be given to merit obtained by the candidates in the test conducted by the selection agency and 40% weightage has to be given to the level of sports participation. Petitioner for participation in sports at various levels has been awarded 6 points whereas respondent No.2 has been awarded one point. 3. In the petition it is projected, that the petitioner has obtained 405 marks in NEET and six points for sports, applying the weightage of 60% and 40% respectively, he has secured 39.75 points whereas respondent No.2, on the same analogy has secured 39.50 points, therefore, petitioner being superior in merit should have been selected for MBBS Course. 4. The BOPEE is stated to have adopted said method which has not been disturbed by the Division Bench in the judgement rendered in the case of Alisha Kour reported in 2010 (2) JKJ 863 (HC). However, in terms of the said judgment a different issue cropped up i.e. whether odd seat shall be given to a candidate on the basis of gender or merit. For determining the same, matter had been remanded to the learned Writ Court. Learned Writ Court again decided the petition which was challenged by medium of Letters Patent Appeal. In the second round, the said appeal stand decided on 10.02.2011 reported in 2011 (1) JKJ 838 (HC). 5. The case set up by the BOPEE is that they have followed law laid down by Division Bench of this Court rendered in the case of “Kanav Mahajan Vs. State and others” decided on 07.11.2016, wherein it has been held that the inter se merit amongst reserved categories shall be calculated on the basis of entrance examination marks. 6. 5. The case set up by the BOPEE is that they have followed law laid down by Division Bench of this Court rendered in the case of “Kanav Mahajan Vs. State and others” decided on 07.11.2016, wherein it has been held that the inter se merit amongst reserved categories shall be calculated on the basis of entrance examination marks. 6. It is further submitted by the learned counsel for the BOPEE that the Medical Council of India Regulations have been amended on 21st December, 2010, which provide that all admissions to MBBS course within the respective categories shall be based solely on marks obtained in the National Eligibility-cum-Entrance Test (NEET). 7. In Alisha Kour’s case, though the methodology for selection based on 60% and 40% weightage has been adopted, both the candidates therein claimed benefit under sports category. The original writ petition was decided and then LPA was decided in the month of March, 2010 whereas amendment to the Regulation is dated 21st December, 2010, therefore, amended Regulation 5 was not at that time in existence, however, it was in force when in second round LPA was decided on 10.02.2011. 8. The moot question which arise for consideration is as to whether selection has to be based on the marks obtained in NEET with 60% weightage plus points obtained in Sports with 40% weightage or final selection has to be made solely on the basis of inter-se merit obtained in the NEET. 9. Medical Council of India, in exercise of powers conferred by Section 33 of the Indian Medical Council Act, 1956, with previous approval of the Central Government, has amended “Regulation on Graduate Medical Education, 1997”. Chapter II, Clause 5, sub-clause 5, under the heading “Procedure for selection to MBBS Course” has been substituted as follows: i. There shall be a single eligibility cum entrance examination namely “National Eligibility-cum-Entrance Test for admission to MBBS course” in each academic year. The overall superintendence, direction and control of National Eligibility-cum-Entrance Test shall vest with Medial Council of India. However, Medial Council of India with the previous approval of the Central Government shall select organization/s to conduct “National Eligibility-cum-Entrance Test for admission to MBBS course. ii. The overall superintendence, direction and control of National Eligibility-cum-Entrance Test shall vest with Medial Council of India. However, Medial Council of India with the previous approval of the Central Government shall select organization/s to conduct “National Eligibility-cum-Entrance Test for admission to MBBS course. ii. In order to be eligible for admission to MBBS course for a particular academic year, it shall be necessary for a candidate to obtain minimum of 50% (Fifty Percent) marks in each paper of National Eligibility-cum-Entrance Test held for the said academic year. However, in respect of candidates belonging to Schedules Castes, Schedules Tribes and other Backward Classes, the minimum percentage marks shall be 40% (Forty Percent). In each paper and in respect of candidates with locomotory disability of lower limbs, the minimum percentage marks shall be 45% (Forty-Five Percent) in each paper of National Eligibility-cum-Entrance Test: Provided when sufficient number of candidates belonging to categories fail to secure minimum marks as prescribed in National Eligibility-cum-Entrance Test in any academic year for admission to MBBS Course, the Central Government in consultation with Medical Council of India, may, at its discretion, lower the minimum marks required for admission to MBBS Course for candidates belonging to respective categories and marks so lowered by the Central Government shall be applicable for the said year only. iii. The reservation of seats in medical colleges for respective categories shall be as per applicable laws prevailing in States/Union Territories. An all India merit list as well as State-wise merit list of the eligible candidates shall be prepared on the basis of the marks obtained in National Eligibility-cum-Entrance Test and candidates shall be admitted to MBBS course from the said lists only. iv. No Candidate who has failed to obtain the minimum eligibility marks as prescribed in Sub Clause (ii) above shall be admitted to MBBS Course in the said academic year. v. All admissions to MBBS course within the respective categories shall be based solely on marks obtained in the National Eligibility-cum-Entrance Test.” 10. The said Regulation came into force from the date of its publication in the Government Gazette, i.e. 27th December, 2010. So as per sub-clause 5, admission to MBBS course within respective categories has to be based solely on the marks obtained in NEET. The said Regulation came into force from the date of its publication in the Government Gazette, i.e. 27th December, 2010. So as per sub-clause 5, admission to MBBS course within respective categories has to be based solely on the marks obtained in NEET. Same position has been noticed in Kanav Mahajan’s case (OWP No.537/2015 decided by Division Bench of this Court on 07.11.2016), wherein, after referring to the judgment of the Hon’ble Supreme Court rendered in the case of Preeti Srivastava v. State of MP and others reported in AIR 1999 SC 2894 , it has been recorded as under: “…Further in the decision reported in AIR 1999 SC 2894 (Preeti Srivastava v. State of MP and others), cited supra, it is categorically held that even though reservation is permissible within the reserved categories inter se merit shall be calculated based on the entrance examination marks”. (Emphasis added) 11. It is in terms of the amended Regulation i.e. Clause 5 sub-clause 5 under the heading “Procedure for selection to MBBS Course” as referred to hereinabove, a National Eligibility-cum-Entrance Test for admission to MBBS has been introduced. Sub-clause 5 of the same Regulation provides for reservations as clearly reflected in sub-clause (iii) and at the same time sub-clause (v) makes the position clear that the admission has to be solely based on the marks obtained in NEET. 12. In the context of Regulation 5 of the Medical Council Regulation, Rule 3 of the Jammu and Kashmir Certification of Outstanding Proficiency in Sports Rules, 2008, has to be followed. It is in the same background, Controller of Examination, J&K BOPEE has issued notification No.077-BOPEE of 2017 dated 19.07.2017 wherein merit position of the candidates belonging to sports category as per Annexure ’A” therein has been published on the basis of list of sports category candidates forwarded by the J&K Sports Council vide its letter dated 30.06.2017. In the said notification, it is specifically mentioned as under: “This Sports list is only for determination of eligibility under Sports Category and shall not be determinative of allocation of seats to such candidates on the basis of Sports Category but shall be only on the basis of merit in NEET (UG), 2017 in accordance with the rules”. (Emphasis supplied) 13. Said notification to the extent underlined above has not been challenged. Same is consistent with the amended Regulation, as referred to hereinabove. 14. (Emphasis supplied) 13. Said notification to the extent underlined above has not been challenged. Same is consistent with the amended Regulation, as referred to hereinabove. 14. In the writ petition prayer clause (iii) is that the respondents may be directed to grant admission to the petitioner to MBBS course on the basis of merit position determined by the BOPEE vide Notification No.077-BOPEE of 2017 dated 19.07.2017. 15. BOPEE has made it clear that among the sports category candidates, determination of allocation of seats shall be on the basis of merit obtained in NEET (UG), 2017, which position, as already stated, has not been challenged. 16. The distinguishing feature in Alisha Kour’s case and Kanav Mahajan’s case is that the amended Regulation was not in existence at the time first judgment in Alisha Kour’s case was rendered and in second round though it was in existence having come into force on 27th December, 2017, the appeal was decided on 10.02.2011 but at that time the issue was regarding determination about allocation of odd seat. 17. The stand of the BOPEE in the present case now is consistent with the amended Regulation Chapter II Clause 5 sub-clause 5, of the Medical Council Regulations. The NEET examination has been conducted in pursuance to the said amended Regulation, therefore, the selection of the respondent No.2 on the basis of merit obtained in NEET is in conformity with MCI Regulations. The petitioner has secured 405 marks whereas respondent No.2 has secured 462 marks in NEET. Though both of them fall in Sports category but on the basis of marks obtained in NEET, respondent No.2 has been rightly allocated the MBBS seat. 18. Viewed thus, petition, in the stated facts, being without merit is dismissed along with connected MP.