HEMANT KRISHNA MAURYA Vs. STATE OF UP

JUDGEMENT

(1.) FIVE candidates, who had appeared at the U.P. Post Graduate Medical Entrance Examination 2010 (hereinafter referred to as the 'U.P.P.G.M.E.E. -2010) for admission to the State Quota Seats of Post Graduate MD/MS/MDS/PG Diploma Course in various State Medical Colleges and Medical/Dental Faculty of C.S.M. Medical University, Lucknow, have filed this petition for quashing the order dated 6th April, 2010 issued by the Principal Secretary, U.P. Government and for a direction upon the respondents not to permit the candidates belonging to reserved categories, who have secured less than 40% marks at the Entrance Examination, to participate in the counselling scheduled to commence from 11th April, 2010. A further direction has been sought that the respondents should also not admit any student under the reserved categories who has obtained less than 40% marks at the Entrance Examination.

(2.) THE State Government, by the order dated 30th October, 2009 authorised the CSM Medical University, Lucknow (hereinafter referred to as the 'University') to conduct the U.P.P.G.M.E.E. -2010 and pursuant to the said notification, the University issued the Information Brochure giving details of the procedure to be followed for conducting the said Entrance Examination to be held on 28th February, 2010. Amongst others, it mentions the Important Dates, General Information, Applying and Question Paper. The Important Dates are as follows: - IMPORTANT DATES Date of Entrance Examination Sunday 28th February, 2010 Application Process starts Friday 8th January, 2010 Last date for receiving completed application Wednesday 27th January, 2010 by 4:00 P.M. Expected date of declaration of merit list Monday 15th March, 2010 Date of Medical Board for obtaining Physically handicapped certificate Monday 22nd March 2010 Date of first Counselling (Venue C.S.M. Medical University, Lucknow) Sunday 11th April, 2010 Last Date for joining the allotment college & course from the first counselling Tuesday 20th April, 2010 Date of second counselling. Any change in dates of counselling will be announced by the Director General Medical Education. (Enquiries should not be directed to the Examination Body. Wednesday 26th May, 2010 Last date for candidates for joining alloted seats from 2nd round of counselling Monday 31st May, 2010 Under the head "QESTION PAPER", the Brochure mentions :

(3.) THE petitioners, who have appeared at the U.P.P.G.M.E.E -2010 as General candidates, have sought the quashing of this communication dated 6th April, 2010 and have also sought a direction that any candidate belonging to the SC/ST category securing less than 40% marks at the Entrance Examination should not be permitted to appear at the counselling and seek admission to the Post Graduate Courses.