SHANTANU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner challenges the validity of the 1992 Post Graduate Medical Entrance Examination for filling up M.D./M.S. seats in all the seven Medical Colleges of the State of Uttar Pradesh.

(2.) For the Post Graduate Medical Examinations of 1992 the petitioner was one of the candidates, who appeared in the Examination held on 11th of January 1992 and was allotted Roll No.4181 and secured 748 marks out of 3000. The petitioner has challenged the fairness and validity of the examination and its subsequent result on the following grounds: 1. That 49 questions were leaked out prior to the examination. 2. That securing 50% marks in the PG MEE was neither a prevailing practice in the 'State of U. P. before the commencement of the competitive test nor this 50% bar was imposed by the Supreme Court while introducing residency scheme on the basis of the recommendation of the Medical Council of India which was approved and accepted by the State of U. P. few years back and as such 50% criterion is arbitrary, illegal and against statutory norms.

(3.) That 15 questions mentioned in paragraph 19 of the writ petition and the supplementary affidavit had multiple correct answers as a result of which marking was not proper. 3. Counter and rejoinder-affidavits have been exchanged and I have heard learned counsel for parties and have also perused the material on the record of the case.