2012 Supreme(Raj) 1518
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ajay Rastogi, J.
Dr. Naveen Agarwal and others - Appellant
Versus
State and others - Respondent
S.B. Civil Writ Petition No. 2533/2012.
Decided On : 9-04-2012
For the Petitioner in CWP-2533 of 2012 and 2641 of 2012:R.N. Mathur, Sr. Advocate and Rahul Kamwar, Advocate.
For the Petitioner in CWP No. 2533 of 2012:Ashok Gaur, Sr. Advocate and A.K. Jaiman, Advocate.
For the Petitioner in CWP 3967 of 2012:Anoop Dhand, Advocate.
For the Petitioner in C.W. No. 2090 of 2012:Shashi Bhausan Gupta, Advocate.
For the Respondent-State:G.S. Bapna, Advocate General with Sarvesh Jain and Shruti Dixit, Dy. Govt. Advocates.
For the Respondent Nos. 3 to 14 in C.W. 2533 of 2012:Sanjeev Pra. Sharma, Sr. Advocate with Ankit Sethi and Mr. S.S. Shekhawat, Advocates.
For the Respondents-University:Mr. R.A. Katta, Advocate.
For the Intervenor/applicants:Mr. Madhav Mitra, Advocate.
For the Intervenor:Dr. Vikas Agarwal and Ors., Mr. Rajendra Soni, (Dr. Anita and Dr. Ranjana), Advocates.
Headnote:Constitution of India, Art. 14 and 226 – This is with regard to the Medical council of India regulations – The admission in the merit list is under consideration – In the Judicial review in the SEP This is no case of unfair means, impersonation, favoritism or nepotism in holding the examination – This is in connection with the pre – exam – The marks by a candidate were found to be exceptional higher in the exam on 14 feb in the only centre where the exam was re – held – The respondent took the method based on proportionality and is considered balanced and harmonious – It is held that such matter is not open to review under Art. 226 of the constitution.
JUDGMENT :
1. - In a bunch of instant petitions, since common controversy is involved at joint request, were heard together and are being decided by present order.
2. Instant petitions have been filed primarily with the grievance that Rajasthan Pre-Post Graduate Online Medical Entrance Examination ("Pre-PG Exam.") held on 11th & 14th February, 2012 be either cancelled and held afresh as the process of holding common entrance test on two different dates was not in conformity with Reg.9 of Medical Council of India Regulations; or some other method be adopted taking note of level of difficulty of the Examination of common subject/paper held on 11th & 14th February, 2012.
3. The dispute basically arose when the Online Pre-PG Examination was notified by respondent-2 (Rajasthan University of Health Science) ("RUHS") for being held on 11/02/2012 on eight different Centres but because of some technical fault in computer server at one Centre (Global Institute of Technology, Sitapura, Jaipur), students of that centre could not appear in Online Pre-PG Examination on 11/02/2012; however, respondent (RUHS) immediately after holding emergency meeting took decision to hold Pre-PG Examination of such students on 14/02/2012; but after result of Pre-PG Exam. held on 11th & 14th February, 2012 came to be declared, score marks awarded to the examinees of 14th February, 2012 were unexpectedly higher than that of 11th February, 2012, that became the basic cause having arisen for filing instant petitions.
4. Relevant facts in a very succinct manner are that total seats 676 are allocated for various MD/MS/Diploma course; 50% of which are notified for being filled in as per allocations made by the Director General of Health Services, Government of India, on the basis of the result of All India Competitive Entrance Examination for admission to PG courses on open merit, as per direction of the Apex Court.
5. Whereas for remaining 50% of total seats, the respondent (RUHS) notified 338 seats (being 50% of total 676 seats) available for admission in various MD/MS/Diploma Courses for being filled in on the basis of merit in Pre-PG Medical Online Entrance Examination-2012; out of these seats, allotment to In-service & Non-Service candidates would be as per Ord. 278-E & G of Rajasthan University as modified & adopted by respondent (RHUS) and distribution of seats shall be as per rules & regulations of MCI and directives of State Government and as per further allocation of seats, 50% of 338 seats (State quota viz. 169 seats) are reserved for In-service & balance 50% (169 seats) for non service candidates to be filled on the basis of merit cum preference.
6. In Mridul Dhar v. Union of India, - 2005 (2) SCC 65) the apex Court has laid down a time schedule for completion of the admission process for medical & dental courses. Relevant time Schedule for PG courses as notified under MCI Regulations runs ad infra: | Schedule for admission | Post Graduate Courses All India Quota | PG Courses State Quota | Super Speciality Courses |
| Conduct of entrance Examination | 2nd Sunday of January | Mid-Jan to Mid-February | May-June |
| Declaration of result of qualifying examination/entrance examination | Third week of February | By 28th February | By 30th June |
| 1st round of counselling/admission | 5th March to 22nd March | To be over by 25th April | To be over by 25th July |
| Last date for joining the allotted college & course | 7th April | 1st May | 31st July |
| 2nd round of counselling or allotment of seats from waiting list | No second counselling | No second counselling | No second counselling |
| Last date for joining for candidates allotted seats in 2nd round of counselling or from the waiting list | After 7th April, vacant seats will stand surrendered back to the States/colleges | No applicable | No applicable |
| Commencement of academic session | 2nd May |
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