Withdrawal of previously granted admission weightage based on arbitrary grounds violates established selection principles and entitlements.

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 following Advertisement No. 2024/06 dated 24.11.2024, is illegal, irrational and arbitrary.

(ii) For issuance of a writ in the nature of mandamus directing the respondents, in particular the Bihar Combined Entrance Competitive Examination Board, Patna, to combine and to give effect to and to consequently allot seats to the petitioners under the Post Graduate Medical Admission Counselling 2024 for admission to the 2024 session of post-graduate degree course in medical education on the basis of the unrevised merit list and unrevised rank cards of the petitioners earlier issued by the said Board under follow up Advertisement No. 2024/04 dated 13.11.2024 prepared by adding the above benefit of 20% weightage on marks of the petitioners of NEET-PG 2024 examination as well as to direct the respondents, in particular the said Board, to not to give effect to the revised merit list and revised rank cards of the petitioners prepared withdrawing the said benefit of 20% weightage as issued by it under the follow up Advertisement No. 20224/06 dated 24.11.2024 for the purpose of the said process of admission.

(iii) For issuance of a writ in the nature of Mandamus directing the above said Board to produce its decision to completely withdraw the above said benefit of 20% weightage granted earlier to the petitioners in the above said selection process for admission and on its production to quash the same.

(iv) Alternatively, to quash letter No. 813 (1) dated 20.11.2024 of the Health Department, Government of Bihar, Patna withdrawing the benefit of weightage of 20% on marks obtained by the petitioners in NEET-PG 2024 examination for determination of their merit and rank for allocation of seats for admission to the above said course of session 2024 under the Post Graduate Medical Admission Counselling, 2024.

(v) For any other relief or reliefs, either independently or consequentially, in the facts and circumstances of the present case.

3. The brief facts of the case are that the Petitioner No. 1 had passed MBBS course from VIMS Pawapuri in the year 2020 and has also completed his one year internship from there in the year 2021, the Petitioner No. 2 has passed MBBS course from DMCH, Darbhanga in the year 2020 and had also completed his one year internship from there in the year 2021, and the Petitioner No. 3 has passed MBBS course from PMCH in the year 2020 and had also completed his one year internship from there in year 2021.

4. Learned counsel for the petitioners submitted that the State Government, in its cabinet meeting held on 11.05.2021, took a policy decision to create a total of 2,580 floating posts for the employment of newly graduated MBBS doctors from government medical colleges in Bihar. These positions were intended for contractual employment in rural areas for a p