KU SAPNA ALIA Vs. VYAVASAIK PARIKSHA MANDAL

JUDGEMENT

(1.) An unsuccessful candidate in PMT Examination has filed this writ petition in a bid to get admission in M.B.B.S. Course.

(2.) The petitioner is Ku. Sapna Alia. She had appeared in July 1991 in PMT Examination conducted by respondent No. I Professional Examination Board, M.P., Bhopal (hereinafter referred to as 'the Board'). It is the petitioner's case that in September 1991, she came to know from Marks Sheet, Annexure P-1, supplied to her, that she had been disqualified in -oology paper and no marks were for that reason assigned to her. This had greatly reduced her merit, which was evident from the fact that she had secured 274 out of 300 marks in Physics and 279 out of 300 marks in Chemistry. She had secured 142 out of 300 marks in English. Her performance in Botany paper was however low because she had given that paper in a condition of running fever. In that paper, she had secured 79 out of 300 marks. Even so, her overall performance was that she had secured more than 50% of total marks, making her qualified for admission to medical education. But because she was disqualified in -oology paper, her merit was lowered to such an extent that she could not secure the necessary position entitling her to get admission.

(3.) It is further the case of the petitioner that her disqualification in -oology paper was absolutely unjustified and arbitrary. The disqualification, to her guess, was done because she had allegedly used two inks in marking that paper with an ulterior motive, as wrongly thought by the Board, to disclose her identity. The fact of the matter was that while she was marking her -oology paper by means of a dot-pen, the refill of that pen suddenly got unserviceable. She had to therefore use another dot-pen, which she was carrying at that time. The result was that some of the markings in the paper were faint while the remaining were more discernible. But there was absolutely no mala fide on her part. Her application to the Board made on 12-9-1991, Annexure P-3, requesting for removal of her disqualification, remained unresponded. Hence the present petition brought on 19-9-1991.