PENAKSHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) These three petitions are filed by the students, who desire to appear at the Joint Entrance Examination - The Engineering and Medical, for admission to Orissa quota of seats in Government Medical Colleges to be held on 14th and l 5/05/1994. They have challenged the minimum eligibility criteria, fixation of upper age limit, provision for subjective and objective type questions and non-fixation of minimum qualifying marks in advance. In O.J.C. No. 1082 of the petitioners are 19 in number. The number of petitioners in O.J.C. Nos. 1470 and 2155 is 23 and 24 respectively.

(2.) Their grievance in these petitions is that the requirement of passing the +2 Science Examination or equivalent examination by appearing in all the papers in one attempt and fixation of 25 years on 31/12/1994 as the upper age limit will make them ineligible for appearing at the said examination. Their contention, shortly stated, is that both these conditions are irrational and discriminatory. Regulation regarding short answer type of questions is also irrational as it leads to arbitrariness.

(3.) The Chairman of the Admission Sub-Committee published an advertisement on 30-1-1994 declaring that the Joint Entrance Examination-Engineering and Medical-1994 for admission to Engineering Colleges, such as U.C.S., Burla, R.E.C., Rourkela, I.G.I.T., Sarang, C.E.T., Bhubaneswar, O.E.C. (Pvt.), Bhubaneswar, A.B.I.T. (Pvt.), Cuttack, Orissa quota of seats in other R.Cs. and Technological Institutes outside Orissa, and Medical Colleges such as S.C.B. Medical College, Cuttack, V.S.S. Medical College, Burla, M.K.C.C. Medical College, Berhampur and Dental Wing of S.C.B. Medical College, Cuttack and D, Pharma, Colleges (Pvt.) of Orissa, will be held on 14th and l 5/05/1994. In that advertisement the Chairman has indicated the minimum eligibility criteria and the maximum age limit and has further stated that further information can be obtained from the Brochure published by the Admission Sub-Committee. In the Brochure it is stated in Regulation 3.8 Clause (c) that candidates must have passed / pass (for those appearing in 1994) the +2 Science Examination or equivalent examination by appearing in all the papers in one attempt (not compartmentally). In Clause (d) of the same Regulation, it is further stated that candidates must be within the age limits of 17 years and 25 years on 3/12/1994. Regulation 3.20 reads as under: -