FEMINA Vs. STATE OF KERALA

JUDGEMENT

(1.) After securing fairly high marks in the University examinations, the petitioners wrote the 'Common Entrance Examination' for the selection of candidates to the M.B.B.S. course. According to them, they had done exceedingly well; they were hoping to come out with distinction and secure sure selection. But they were not selected. No rank list was published. The authorities even refused to supply information about the ranks and marks obtained. The petitioners think there must have been some mistake or even malpractice somewhere. The machinery devised was not sufficiently foolproof: there might have been errors in assessment, counting or in tabulation. Had they been supplied with data regarding their performance and ranks, they could have discovered the true state of affairs. There are no provisions for revaluation and recounting, no arrangement for a second scrutiny where genuine doubts are raised. In the circumstances, they claim the following reliefs:-

(2.) Admittedly, there are no rules, regulations or orders providing for supply of mark and rank lists, or for revaluation and rechecking. The prospectus and the "instruction to candidates" are also silent on these aspects. Realising, however, that the selective process is highly competitive, and that the "rights" involved are in a sense valuable, I directed the respondents to make available some of the relevant data. And the following is what has been disclosed.

(3.) The petitioners in p: P. Nos. 181, 191 and 193 were competing for the merit quota from the Calicut University. They secured 186, 173 and 64 marks and their ranks were 495, 975 and 1388 respectively. The last candidate admitted in the merit quota had obtained 191 marks, and his rank was 388. Going by the above data, the petitioners were nowhere near the winning post. The same must be said about the petitioner in O. P, 207 also, who was competing for the Muslim reservation quota (from among degree candidates): he got 165 marks and his rank was 1347, while the last candidate who secured admission was rank No. 562 with 173 marks.