DIPAK MISRA, KUMAR RAJARATNAM
Mayank Jain – Appellant
Versus
State of M. P. – Respondent
( 1. ) IN this writ petition preferred under Article 226 ot" the Constitution of India the petitioner has sought the relief to declare the Rule 9. 3 of Madhya Pradesh Medical and Dental Graduate Entrance Examination Rules, 2003 (for brevity the 2003 Rules) as ultra vires on the bedrock that it is defiant of the Constitutional provisions and also on the foundation that there is inherent and irreconciliable inconsistency inter se in the Rules entailing in devastating fallibility.
( 2. ) THE facts which are essential to be Stated are that the Professional Examination Board (hereinafter referred to as the Board), the respondent No. 2 herein, conducted Pre-Medical Examination, 2003 on 17-5-2003 and 18-5-2003 in which the petitioner appeared. He was given the Roll No. 849069. As pleaded, he has been awarded 988. 76 marks out of 1200 marks and his name features at Serial No. 292 in the merit list of general category candidates. The Board declared the results, merit list as well as the waiting list for all the categories in the daily newspaper. The relevant paper publication dated 6-6-2003 has been brought on record as Annexure P-2. ( 3. ) ACCORDING to the writ petitioner the State
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