KHUSHBU BAGDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Articles 226/227 of the Constitution of India the petitioners Ku. Khushbu Bagdi, Ku. Sruti Khandelwal, Gaurav Ahluwalia and Piyush Birla have prayed for issuance of appropriate writ or direction, commanding the respondents for holding joint Entrance Examination (Pre-Medical Test) for the successful candidates of Class XIIth from the examinations conducted by Chhattisgarh Board of Higher Secondary Education, Central Board of Secondary Education (CBSE) and Indian School Certificate Examination (ISC) for admission in medical colleges including veterinary and dental colleges in the State from the current academic session 2002 onwards.

(2.) While giving their own details the petitioners have submitted that the petitioner No. 1 is a student of Class XII of Holy Cross Higher Secondary School, Pension Bada at Raipur and she claims that she has a good academic record and expects to pass the Class XIIth Board Examination to be conducted by the Chhattisgarh Board of Higher Secondary Education. It is stated that petitioner No. 4 has already passed Class XIIth Examination from M.P. Board of Secondary Education in 2001 and had appeared in the PMT test but could not be selected and is preparing hard to appear in PMT whenever it may be conducted by the respondents. Petitioner No. 2 contends that she has secured a position in the merit list in Class XIIth conducted by the Board of Secondary Education in 2001 and had appeared in PMT and is working hard.

(3.) The petitioners in this petition have contended that the State of Chhattisgarh has taken a decision not to hold Pre-Medical Test Entrance Examination for admission to M.B.B.S. Course for the year 2002 and this decision has been published in a daily newspaper Navbharat dated 2nd January, 2002 (Annexure P-2). The petitioners further contended that this decision not to hold the test is illegal and contrary to the settled position of law. The petitioners have referred to the Medical Council of India Regulations on Graduate Medical Education, 1997 and especially Regulation No. 5. They have also referred to a decision of Apex Court reported in : (1998) 3 SCC 183 (Ravindra Kumar Rai Vs. State of Maharashtra and Ors.).