HEMANT KRISHNA MAURYA Vs. STATE OF U P

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.GM.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. Afurther 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 I Sunday 28th February, 2010 Application Process starts Friday 8th January, 2010 Last date for receiving completed Wednesday application 27th January, 2010 by 4:00 p.m. Expected date of declaration of Monday merit list 15th March, 2010 Date of Medical Board for obtaining Monday Physically handicapped certificate 22nd March 2010 Date of first Counselling (Venue Sunday C.S.M. Medical University, Lucknow) 11th April, 2010 Last Date for joining the allotment Tuesday college and course from the first counselling 20th April, 2010 Date of second counselling. Wednesday Any change in dates of counselling will be announced by the Director General Medical Education. (Enquiries should not be directed to the Examination Body. 26th May, 2010 Last date for candidates for joining Monday alloted seats from 2nd round of counselling 31st May, 2010 Under the head "QUESTION PAPER", the Brochure mentions : "1. THE examination will be conducted in English medium only. 2. THE examination shall consist of one paper of 200 MCQ (Multiple Choice Question)as follows: (a) 100 questions on pre and para - clinical subjects. (b) 100 questions on clinical subjects. 3.THEre will be four types of multiple choice questions (MCQs): (a) THEre will be 100 questions with 4 options or choices of which one will be best suited or best response. (b) THEre will be 50 questions with 5 options or choices of which one will be best suited or best response. (c) THEre will be 40 questions with 5 options or choices of which two will be best suited or best response. (d) THEre will be a paragraph followed by 5 questions based on that paragraph. Each question will have 4 alternatives of which one will be best suited or best response. Number of such paragraphs will be 2 and the number of questions is expected to be about 10. 4. THE Best response to each shall be as determined by the Board of Examiners of the UPPGMEE - 2010. THE decision of the Board of Examiners shall be final and binding. 5. Each question shall carry 4 marks each. Four (4) marks will be awarded for each correct question answered. 6. THEre will be negative marking. One mark will be deducted for each incorrect answer. Zero (0) mark will be awarded for no response. Indicating more than one choice for any question shall be considered as incorrect response except where questions have two correct responses. Questions with 2 correct responses shall be clearly marked in the question paper. 7. THE marking including negative marking for questions with two correct responses will be as follows: 2 marks will be awarded for each correct option/ response marked ie 4 marks for the question. THEre will be one negative mark for each option/response wrongly answered hence if one option is answered wrong then one mark will be deducted and if both options are wrong 2 marks will be deducted. If a candidate marks more than 2 options then 2 marks will be deducted. 8................ 9................ 10.............." (emphasis supplied) THE Brochure also contains the head "RESULT AND MERIT LIST" which is as follows : 1. General category candidates shall have to secure a minimum of 50% marks and the reserved category candidates a minimum of 40% marks to qualify for admission to a postgraduate medical/dental course. Qualifying does not mean admission. Admission will be given according to merit at the time of Counselling. 2. Merit list for only those candidates who have qualified will be declared. A marks sheet will be sent to all candidates. 3.Candidates securing minimum qualifying marks (50% for general and 40% for reserved) shall be given ranks according to the total marks obtained. THEre shall be a combined merit list (with State rank) for all category candidates. THE merit rank of reserved category candidates in their respective categories (Category rank) shall also be indicated alongwith their combined merit (State rank). 4. In case of two or more candidates obtaining equal marks in the competitive entrance examination, their inter-se rank will be determined in order of preference as under : (a) Candidate obtaining higher marks in questions with two correct options of the UPPGMEE -2010. (b) Candidate scoring less negative marks. (c) According to age, older will get preference over younger. (d) If rank cannot be decided by above criteria, then tie shall be decided by toss of coin. 5. THEre is no provision of re-evaluation. However, there is provision of scrutiny for which candidate may apply within seven days of declaration of result alongwith a demand draft of Rs. 300/- in favour of UPPGMEE - 2010 payable at Lucknow. (emphasis supplied)

(3.) TWO impleadment applications have been filed. One impleadment application has been filed by the three candidates who have been admitted under the Scheduled Castes category pursuant to the counselling held on 11th April, 2010, while the second impleadment application has been filed by five candidates who have also been admitted under the Scheduled Castes category on the basis of the counselling held on 11th April, 2010. These applications were allowed by the order dated 18th May, 2010 and the applicants have been directed to be impleaded as respondent Nos. 3 to 10 to the writ petition. The petitioners also filed an Amendment Application for quashing the Circular dated 6th April, 2010, which application was allowed by the order dated 27th April, 2010.