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2024 Supreme(Raj) 1460

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA, J.
Paras Suthar S/o Shri Ghevar Ram – Petitioner
Versus
Union of India, through its Secretary, New Delhi – Respondent
S.B. Civil Writ Petition No. 19749 of 2024
Decided On : 06-12-2024

Advocates:
Advocate Appeared:
For the Petitioners: Kailash Jangid, M.S. Shekhawat
For the Respondents: Mukesh Rajpurohit, Uttam Singh Rajpurohit, Dimple Rajpurohit, N.S. Rajpurohit, Sher Singh Rathore, Anita Rajpurohit, Ajay Shukla, Dhanpat Choudhary, Subodh Kumar

IMPORTANT POINT
The court upheld the normalization process for merit lists and clarified that bonus marks should be awarded based on raw scores, not percentiles.

Headnote:

(A) Medical Education - NEET (PG) 2024 - Provisional State Merit List - Petitioners challenged the merit list issued by NBEMS, claiming entitlement to bonus marks based on service in rural areas. The court found no illegality in the normalization process used by NBEMS and upheld the merit list. (Paras 1-33)

(B) Bonus Marks - The court ruled that bonus marks must be awarded based on raw marks, not percentile scores, to avoid discrepancies in merit positions. (Paras 25-30)

ORDER :

1. The petitioners in the present writ petition have approached this Court challenging the provisional State Merit List which was issued for Post Graduation Course 2024 (hereinafter referred to as ‘PG Course’) for medical candidates dated 22.11.2024 issued by the National Board of Examinations in Medical Sciences (hereinafter referred to as ‘NBEMS’).

2. Mr. Kailash Jangid, learned counsel for the petitioners submitted that the petitioners involved in the present case are working as Medical Officers with the State of Rajasthan and are therefore entitled to bonus marks to the extent of 10%, 20% and 30% on the basis of length of their services in the rural areas or as they call it as hard duties.

3. The petitioners appeared in NEET (PG) 2024 Examination which were held for the purpose of selecting candidates for PG course. Such exams were All India Level and its result was published on 10.08.2024. The petitioners have placed on record their All India Ranks in PG Course, 2024 as Scheduled-A of the writ petition.

4. Subsequently, State-wise result was declared on 17.11.2024 for the purpose of admission in PG Courses conducted by the State run universities or private universities in the State of Rajasthan for the purpose of counseling to be held. Thereafter, a provisional State merit list (combined) came to be issued by the respondent No. 2 which has given cause of concern rather heart burning to the petitioners as their merit positions have significantly changed - the candidates who were lower in All India Merit List have come higher in State merit list so prepared by the respondents on 22.11.2024.

5. Mr. Kailash Jangid, learned counsel for the petitioners navigated the Court through both the lists and pointed out the discrepancy. The discrepancies pointed out by the petitioners are given hereunder:

S. No.

All India Rank

Name

Roll Number

In Service Experience

Merit of the State Combined Merit List

1

61402

Dr. Kishan Singh Shekhawat (Petitioner)

24661079051

3 Years

1283

2

62473

Dr. Vikas Kulhari

24661045458

3 Years

1144

3

46300

Dr. Virendra (Petitioner)

24661201581

3 Years

636

4

46874

Dr. Om Prakash Dudi

24661073329

3 Years

544

5

46930

Dr. Jai Prakash Bhakar

24661141353

3 Years

545

6

47884

Dr. Kishna Ram

24661029870

3 Years

580

6. Learned counsel submitted that if the merit position of above candidates at serial Nos.1 and 2 is compared, then it is apparent that in spite of the fact that both had a service experience of 3 years, the candidate (Dr. Kishan Singh Shekhawat at Serial No. 1) who got All India Rank of 61402 vis-a-vis the candidate (Dr. Vikas Kulhari at Serial No. 2) who got All India Rank of 62473 was changed to 1283 and 1144 respectively in the combined merit list of Rajasthan.

7. He submitted that similar is the position if the merit position of the candidate mentioned at serial No. 3 (Dr. Virendra) is compared with the candidate mentioned at Serial No. 4 (Dr. Om Prakash Dudi) and also, the merit position of candidates mentioned at Serial No. 5 and 6 are compared.

8. It was argued that all these candidates have 3 years experience of rendering services in the State run hospitals as Medical Officers and therefore, they are entitled to 30% bonus marks and hence, their merit positions ought not to have altered when State-wise merit list was prepared.

9. Learned counsel argued that there appears to be some serious lapse or error in the formula or process of normalization adopted by the respondent No. 2-NBEMS which has led to such anomalous position.

10. Mr. Jangid apprehended that the respondents seem to have picked up raw marks of the candidates instead of taking into account normalized marks, while preparing State wise result.

11. A reply to the writ petition has been filed by respondent No. 2-NBEMS explaining the manner in which the All India Result was prepared and how the State wise combined merit list

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