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IN THE HIGH COURT OF JUDICATURE AT PATNA
Anjani Kumar Sharan
Shakti Nath Son of Sri Sudhir Kumar @ Sri Sudhir Kumar Karn – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
| Table of Content |
|---|
| 1. weightage policy for admissions based on service (Para 2 , 4 , 5 , 7 , 10) |
| 2. impact of weightage withdrawal on admission results (Para 12 , 14 , 16 , 20) |
| 3. court's directive to restore weightage in admission process (Para 30 , 31 , 32 , 33) |
JUDGMENT :
Anjani Kumar Sharan, J.
Heard learned counsels for the parties.
2. This Writ petition has been filed by the petitioners for seeking following reliefs-
(i) For holding and directing that the petitioners are entitled for grant of benefit of weightage/ 20% weightage on the marks obtained by them in the National Eligibility cum Entrance Test (Post Graduate) 2024 examination for determination of their merit and rank in selection process of Post Graduate Medical Admission Counselling 2024 for admission to the 2024 session of post graduate degree course in medical education in health institutions of State of Bihar initiated under Advertisement No.2024/01 dated 03.11.2024 issued by the Bihar Combined Entrance Competitive Examination Board, Patna and to further hold and declare that the withdrawal of the said benefit of weightage/ 20% weightage for the said purpose by the respondents, in particular by the said Board, under the fo
Withdrawal of previously granted admission weightage based on arbitrary grounds violates established selection principles and entitlements.
Weightage for medical admissions based on rural service is permissible only for candidates serving in difficult rural areas, as established by statutory provisions and prior judgments.
The State cannot issue a notification identifying remote and/or difficult areas for the purpose of granting incentives to in-service candidates for admission to Post Graduate Medical/ Dental Courses ....
The policy of providing incentive marks to the in-service candidates and adding the incentive marks for competing with the open category candidates is not barred by any statute, Rules or Regulations.
Proviso under Regulation 9(4) of the Medical Council of India Postgraduate Medical Education Regulations, 2000 does not confer a right on Medical Officers under the service of Government/Public Autho....
Selection criteria cannot be changed post-tests by applying 50% weightage if unspecified in advertisement; violates Article 14 by arbitrary midway alteration of merit evaluation.
Alterations to recruitment criteria must adhere to established legal precedents, not infringe upon fair selection principles.
The state government has the authority to prescribe eligibility criteria for admission to postgraduate medical courses, and such criteria is valid if it is based on merit, is not arbitrary or discrim....
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