SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Raj) 1625

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Narendra Kumar Jain-I, Mahesh Bhagwati, JJ.
Dr. Anil Kumawat & Others - Appellant
Versus
Naveen Agarwal & Others - Respondent
D.B. Civil Special Appeal (Writ) No. 469 of 2012 in S.B. Civil Writ Petition No. 2533 of 2012 & 6 Others.
Decided On : 30-04-2012

For the Appellants:S.P. Sharma, Senior Counsel assisted by S.S. Shekhawat, Gaurav Sharma, Ankit Sethi, Rajendra Soni, R.D. Rastogi and N.S. Chauhan, Advocates.
For the Respondents:G.S. Bapna, Advocate General (Senior Counsel) assisted by Veyanktesh Garg, Ashok Gaur, Senior Counsel assisted by Ajatshatru, R.A. Katta, Angad Mirdha, Rahul Kamwar, Narendra Shandilya, Rudraksh Sharma and Shruti Dixit, Advocates.

Headnote:Education Admission to Pre – P.G. Medical/Dental Entrance Examination – Members of academic council and grievance committee wanted the Percentile system to make the score marks of the students equal – They did not want to cancel the exam – Percentile system is already included in the university – University’s decision should not be interfered by the court.

JUDGMENT

1. - Heard learned counsel for the parties.

2. The above bunch of special appeals is directed against the common order dated 09.04.2012 passed by the Single Bench, therefore, all these special appeals were heard together and are being decided by this common judgment.

3. The matter relates to Pre P.G.Medical/Dental Entrance Examination, 2012. The respondent-University i.e. Rajasthan University of Health Sciences, Jaipur issued a Notification dated 18.12.2011 for holding Pre P.G. Entrance Examination for admission to P.G. Medical(MD/MS/Diploma) and Dental(MDS Courses) on Sunday, 29th January, 2012 at Jaipur. It was notified that this examination will be held in one shift. Online Application Form, details of eligibility criteria were available on the website of Rajasthan University of Health Sciences i.e. www.ruhsraj.org. All candidates were required to apply online. It was also notified that application can be filled online from 31/12/2011 (from 05:00 P.M.) to 10/01/2012 (mid-night). Timings for examination on 29.01.2012 were fixed from 11.00 A.M. to 02:00 P.M. Other details were also given in the Notification. However, the date of examination i.e. 29.01.2012 was postponed to 11.02.2012. There were total eight Centres in Jaipur for Pre P.G. Entrance Examination, 2012, to be held on 11.02.2012. The examination was conducted on 11.02.2012 at different eight Centres in Jaipur, but unfortunately, at one centre of examination i.e. Global Institute of Technology, Sitapura, Jaipur, due to occurrence of technical error in computer server and nuisance of some un-identified candidates, the examination could not be completed. The Chairman, Core Committee, Pre P.G. Medical/ Dental Examination, 2012 convened an urgent meeting of members the same day i.e. 11.02.2012. The members of Core Committee in this meeting, decided to cancel the examination of the candidates appeared at this centre i.e. Global Institute of Technology, Sitapura, Jaipur and it was decided to re-conduct the examination of only those candidates, who appeared at examination centre, namely Global Institute of Technology, Sitapura, Jaipur, on 14.02.2012 from 12.00 noon to 3:00 P.M. at Arya College of Engineering, S.P.-42, RICCO Industrial Area, Kukas, Jaipur. In the meeting, it was also decided to invite grievances regarding technical fault within 24 hours. Notice to this effect was also uploaded on the website and also published in all newspapers on 12.02.2012. The respondent-University issued a notice dated 11.02.2012 for holding examination of the candidates, who appeared at centre, namely Global Institute of Technology, Sitapura, Jaipur, on 14.02.2012, as per the decision taken in the meeting of the Core Committee of the University.

4. One candidate, namely Miss. Ishita Gupta, filed S.B. Civil Writ Petition No.2090/2012 before the Single Bench with the grievance that Pre P.G. Entrance Examination, 2012 was held on 11.02.2012 at eight different centres, but due to some disturbance having taken place at one centre, the authorities took a decision to hold fresh examination of that particular centre only on 14.02.2012, whereas the guidelines of Medical Council of India postulated only one and the common entrance examination for all the applicants. The Single Bench heard the submissions of the learned counsel for petitioner as well as learned Advocate General for the State and the Counsel for the respondent-University and passed the following interim order on 13.02.2012, permitting the examination on 14.02.2012, to be held and further that the same will be subject to final outcome of the writ petition:-

"Instant petition has been filed by the petitioner primarily with the grievance that the Pre-PG Entrance Examination-2012 was held by the respondents on 11/02/2012 at eight different centers, however, at one center i.e. Global Institute of Technology, Sitapura Jaipur some disturbance arose and the authorities took decision to hold fresh examination at that particular center



































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top