K NAGA MURALI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has been instituted by a Post Graduate Doctor challenging the final merit list prepared by the second Respondent-Nizam's Institute of Medical Sciences (henceforth referred to as NIMS) for admission into the Super Specialty Course of DM (Cardiology) for the academic session commencing from 2011.

(2.) The writ Petitioner who has obtained the Post Graduate Degree in MD (General Medicine) has responded to the notification issued by NIMS on 02.05.2011 inviting applications from eligible candidates for admission into various Super Specialty Courses including DM (Cardiology). As per the addendum published by the NIMS on 17.06.2011, the entrance examination was scheduled to be held on 26.06.2011. It is notified that the marks list will be displayed on 01.07.2011. It was also notified that up to 04.00 P.M on 04.07.2011, the discrepancies noticed by the candidates in self evaluation of OMR sheets can be lodged. It was further notified that the merit list and list of qualified candidates for admission will be displayed on 07.07.2011. The qualified candidates were required to pay the fee and submit original certificates by 15.07.2011 and classes will commence from 01.08.2011.

(3.) Entrance test comprises of 90 objective type questions carrying one mark each. On 30.06.2011, on the website of the NIMS, the provisional results have been exhibited in a tabular form. The data exhibited included the hall ticket number, name of the candidate, his gender, local area to the university to which he/she belongs, number of attempts made by the candidate in the entrance examination, number of right answers furnished by him, number of wrong answers furnished by him and the number of questions which were not answered by him and the total marks awarded to him. In this provisional merit list, the writ Petitioner who appeared at the entrance examination with Hall Ticket No. 1126 was declared to have furnished 68 correct answers and 22 wrong answers and consequently he was awarded 68 marks. One Dr. Vikas was declared to have secured the maximum marks of 73. He was followed by Dr. Raj Kumar, who was declared to have secured 70 marks. Thereafter, it is the writ Petitioner and one other candidate by name Dr. Venkata Maruthi Raghavendra Tammiraju secured the next best marks of 68. They are followed by two other doctors namely Dr. Dasari Sudheer Kumar and Dr. Ravi Kumar, who secured 66 marks. Rest of the candidates have secured far lesser marks. Thus as per the provisional merit list, while one other candidate secured equal number of marks like the Petitioner, only two other candidates are declared to have secured higher marks than the Petitioner. Hence, the Petitioner was hopeful of securing admission against one out of the five seats available in DM (Cardiology) course. However, all his hopes in that regard have been dashed when the provisional admission list was published on 07.07.2011, showing the rank number of the Petitioner in the merit list at No. 7, thus reflecting six more candidates than him to have secured better ranks. In this list dated 07.07.2011, the marks of the writ Petitioner have been revised from 68 to 69 while the marks of Dr. Vikas and Dr. Ravi Kumar were revised as 76 and 73 respectively, marks of Dr. Venkata Maruthi Raghavendra Tammiraju who secured earlier identical number of marks as that of the Petitioner has now been declared to have secured 71 marks. Similarly, Dr. P. Lakshmikanth and Dr. D. Sudheer Kumar were also declared to have secured 71 marks each. Dr. Ravi Kumar is declared to have secured 70 marks and he has been placed immediately above the rank of the Petitioner. It is this revision of the merit list, which gave rise to the present writ petition, inasmuch as the representation submitted by the Petitioner immediately on 08.07.2011 to the Director of NIMS has not produced the desired result.