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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mohammad Rafiq, VJ.
Rishabh Saxena & Others
Vs.
State of Rajasthan & Others
Civil Writ Petition No.7040/2014 with Stay Application No. 6340/2014, Civil Writ Petition No.6973/2014 with Stay Application No. 6287/2014, Civil Writ Petition No.6838/2014 with Stay Application No. 6198/2014, Civil Writ Petition No.6848/2014 with Stay Application No. 6205/2014, Civil Writ Petition No.6914/2014 with Stay Application No. 6250/2014, Civil Writ Petition No.6972/2014 with Stay Application No. 6286/2014, Civil Writ Petition No.7006/2014 with Stay Application No. 6318/2014, Civil Writ Petition No.7047/2014 with Stay Application No. 6347/2014, Civil Writ Petition No.7048/2014 with Stay Application No. 6348/2014, Civil Writ Petition No.7055/2014 with Stay Application No. 6353/2014, Civil Writ Petition No.7056/2014 with Stay Application No. 6354/2014, Civil Writ Petition No.7057/2014 with Stay Application No. 6376/2014, Civil Writ Petition No.7076/2014 with Stay Application No. 6373/2014, Civil Writ Petition No.7077/2014 with Stay Application No. 6374/2014, Civil Writ Petition No.7084/2014 with Stay Application No. 6381/2014, Civil Writ Petition No.7085/2014 with Stay Application No. 6383/2014, Civil Writ Petition No.7086/2014 with Stay Application No. 6382/2014, Civil Writ Petition No.7107/2014 with Stay Application No. 6402/2014, Civil Writ Petition No.7109/2014 with Stay Application No. 6404/2014, Civil Writ Petition No.7111/2014 with Stay Application No. 6406/2014, Civil Writ Petition No.7132/2014 with Stay Application No. 6417/2014, Civil Writ Petition No.7133/2014 with Stay Application No. 6418/2014, Civil Writ Petition No.7134/2014 with Stay Application No. 6419/2014, Civil Writ Petition No.7135/2014 with Stay Application No. 6420/2014, Civil Writ Petition No.7150/2014 with Stay Application No. 6434/2014, Civil Writ Petition No.7151/2014 with Stay Application No. 6435/2014, Civil Writ Petition No.7152/2014 with Stay Application No. 6436/2014, Civil Writ Petition No.7153/2014 with Stay Application No. 6437/2014, Civil Writ Petition No.7154/2014 with Stay Application No. 6438/2014, Civil Writ Petition No.7167/2014 with Stay Application No. 6451/2014, Civil Writ Petition No.7169/2014(D) with Stay Application No. 6453/2014, Civil Writ Petition No.7173/2014 with Stay Application No. 6456/2014, Civil Writ Petition No.7174/2014 with Stay Application No. 6457/2014, Civil Writ Petition No.7175/2014 with Stay Application No. 6458/2014, Civil Writ Petition No.7215/2014 with Stay Application No. 6501/2014, Civil Writ Petition No.7216/2014 with Stay Application No. 6502/2014, Civil Writ Petition No.7217/2014 with Stay Application No. 6503/2014, Civil Writ Petition No.7218/2014 with Stay Application No. 6504/2014, Civil Writ Petition No.7219/2014 with Stay Application No. 6505/2014, Civil Writ Petition No.7220/2014 with Stay Application No. 6506/2014, Civil Writ Petition No.7221/2014 with Stay Application No. 6507/2014, Civil Writ Petition No.7222/2014 with Stay Application No. 6508/2014, Civil Writ Petition No.7223/2014 with Stay Application No. 6509/2014, Civil Writ Petition No.7224/2014 with Stay Application No. 6510/2014, Civil Writ Petition No.7225/2014 with Stay Application No. 6511/2014, Civil Writ Petition No.7226/2014 with Stay Application No. 6512/2014, Civil Writ Petition No.7227/2014 with Stay Application No. 6513/2014, Civil Writ Petition No.7228/2014 with Stay Application No. 6514/2014, Civil Writ Petition No.7229/2014 with Stay Application No. 6515/2014, Civil Writ Petition No.7230/2014 with Stay Application No. 6516/2014, Civil Writ Petition No.7231/2014 with Stay Application No. 6517/2014, Civil Writ Petition No.7232/2014 with Stay Application No. 6518/2014, Civil Writ Petition No.7233/2014 with Stay Application No. 6519/2014, Civil Writ Petition No.7234/2014 with Stay Application No. 6521/2014, Civil Writ Petition No.7235/2014 with Stay Application No. 6522/2014, Civil Writ Petition No.7236/2014 with Stay Application No. 6523/2014, Civil Writ Petition No.7237/2014 with Stay Application No. 6524/2014, Civil Writ Petition No.7238/2014 with Stay Application No. 6525/2014, Civil Writ Petition No.7239/2014 with Stay Application No. 6526/2014, Civil Writ Petition No.7240/2014 with Stay Application No. 6527/2014, Civil Writ Petition No.7241/2014 with Stay Application No. 6528/2014, Civil Writ Petition No.7266/2014 with Stay Application No. 6550/2014, Civil Writ Petition No.7267/2014 with Stay Application No. 6551/2014, Civil Writ Petition No.7268/2014 with Stay Application No. 6552/2014,
Decided on: 26.06.2014
Constitution of India , 1950 - Article 14 - Examination for admission - Seeking admission to MBBS course - compensate candidates for questions that deleted or with wrong answers - Candidates approached State Government alleging various irregularities in the examination - State Government, by its order dated constituted a Committee of experts to look into grievance of such students - Committee submitted its report to Government - Government, on consideration of aforesaid report and various other factors, finally by its order dated decided to hold fresh examination - In view however of the schedule of time laid down by Supreme Court in its order dated to complete first round of counselling by and fixing as last date for students to join allotted colleges Government filed an Interlocutory Application - Court has set down a schedule for commencement and completion of Examination as well as Counselling - It has been found that out of 1200 questions, 86 questions were found to be incorrect in the On-line Examination conducted for present Academic Year - Applicants contend that there is widespread unrest amongst candidates since they feel that in spite of moderation by equipercentile method, the results are not fair to all students – Court are also informed that there are 33 Writ Petitions pending before High Court of and hearing is scheduled for tomorrow - It was thereupon that respondent-University issued/published notification No.1/14 in all leading newspapers of State on inviting on-line applications from eligible candidates from to for admission to MBBS course by way of RPMT - Total number of 44833 candidates submitted applications for appearing in RPMT Examination-2014, however only 41911 candidates actually appeared in examination - This was intended to be a common examination for admission to MBBS, BDS, Bachelor in Pharma and Diploma in Pharma - Held, Contention that other organizations/ institutions have also adopted the equipercentile formula in competitive/entrance examination, does not lead us any where because present matters are being decided on the basis of datas/material placed on record of this case according to which equipercentile method has been found to be not suitable to achieve object of securing uniform evaluation on common standards providing equal playing field to all the candidates - Present case as in that case application of equalization through SEP was upheld as an alternative to cancellation of examination due to emergency arising from dysfunctional computers in the main examination - Those judgments neither endorse nor can they be said to approve holding separate examination on the basis of different question papers to secure uniform evaluation of candidate on common standards providing equal opportunity to all the candidates - Process of examination of RPMT-2014 and result thereof declared by the respondent-University on being illegal, unconstitutional and violative of Article 14 of Constitution of India, are quashed and set aside - Decision of Government to hold fresh RPMT Examination is upheld -Respondents, however, are set at liberty to hold fresh RPMT-2014 examination on basis of application forms already received with permission of the Honble Supreme Court to suitably modify calendar of said examination laid down by their Lordships in the order dated in Writ Petition (Civil) No.737/2013 – Lipika Gupta and Another Vs. Union of India and Others so as to complete admission process - Writ petitions of petitioners declared successful, are dismissed.
All these writ petitions have been preferred by students desirous of seeking admission to MBBS course in different medical colleges of the State of Rajasthan. All the petitioners appeared in the Rajasthan Pre Medical Test – 2014 (for short, 'the RPMT') conducted by respondent Rajasthan University of Health Sciences (for short, 'the respondent-University') in six slots from 28th to 30th of May, 2014. While one set of writ petitioners, who could not qualify the RPMT, have approached this court with the prayer that the aforesaid examination held by the respondent-University be declared illegal and respondents be directed to hold fresh examination, another set of writ petitioners, who have been declared successful, have approached this court seeking a direction to the respondents to adhere to the time schedule for admission as originally notified and refrain from cancelling the whole examination, and if necessary compensate the candidates for questions that were deleted or were having wrong answers.
During pendency of these writ petitions, however, some of the affected candidates approached the State Government alleging various irregularities in the examination. The State Government, by its order dated 10.06.2014, constituted a Committee of experts to look into the grievance of such students. The Committee submitted its report to the Government on 15.06.2014. The Government, on consideration of aforesaid report and various other factors, finally, by its order dated 17.06.2014, decided to hold fresh examination. In view, however, of the schedule of time laid down by the Supreme Court in its order dated 19.05.2014 to complete the first round of counselling by 25.06.2014, and fixing 03.07.2014 as the last date for the students to join the allotted colleges, the Government filed an Interlocutory Application No.10/2014 in Writ Petition (Civil) No.737/2013 - Lipika Gupta and Another Vs. Union of India and Others, inter-alia with the prayer that the order dated 19.05.2014 be modified permitting the State Government and the respondent-University to conduct the RPMT for the academic Session 2014-15 as per the revised time schedule proposed in Para 25 of that application so as to complete the entire exercise of admission up to 30th September, 2014, as originally fixed in that order. When the aforesaid Interlocutory Application came up for hearing on 23.06.2014, the Supreme Court was informed about the pendency of these writ petitions before this Court. Their Lordships were pleased to pass the following order:-
“This application has been moved by the State of Rajasthan as well as the Rajasthan University of Health Sciences for partial modification of the order passed on 19th May, 2014 in Writ Petition (Civil) No.737 of 2013 and other connected Writ Petitions.
Briefly stated, by that Order, this Court has set down a schedule for commencement and completion of Examination as well as Counselling. It has been found that out of 1200 questions, 86 questions were found to be incorrect in the On-line Examination conducted for the present Academic Year. The applicants contend that there is widespread unrest amongst the candidates since they feel that in spite of moderation by the equipercentile method, the results are not fair to all students. We are also informed that there are 33 Writ Petitions pending before the High Court of Rajasthan and the hearing is scheduled for tomorrow i.e. 24th June, 2014. The difficulty which is anticipated on behalf of the applicants is that the High Court may come to the opinion that it is faced with a fate accompli, inasmuch as the counselling dates already ordained by this Court would deter the High Court from passing any order on the Writ Petitions as that would tantamount to interfering with or modifying the Schedule laid down by this Court.
Having heard the learned counsel for the parties, we think the most expedient and appropriate orders to pass would be to direct the High Court to consider the Wr
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