PRANAB MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE writ applications along with large number of others have been filed questioning legality of the process of selection of candidates for prosecuting Post -Graduate Studies in the Government colleges of the State. As grounds of challenge and rebuttal are essentially common, they are disposed of by this judgment which shall govern each one of them.

(2.) FOR selection of candidates for Post -Graduate Courses in the Government Medical Colleges of Orissa, Prospectus was issued for 1998. Similar Prospectus simultaneously was issued for 1999. Examinations were held for both the years and petitioner in each case appeared at the examinations, but was not selected.

(3.) THUMB nail description of the scenario is as follows : A prospectus approved by the Government of Orissa in the Health and Welfare Department in Government Order No. 25139/H. dated 18.7.1998 was issued for 1998 wherein it was stipulated that the Candidates taking the examination are to answer two hundred multiple choice objective type questions. Four alternative answers are indicated against each question. According to the examining body only one of them is the most appropriately correct answer. The candidate is required to give the most appropriate answer. The examining body selects the correct answer or most appropriately correct answer which is normally called 'key answer' or 'model answer'. Similarly for 1999, prospectus was issued. In the prospectus relating to 1998 -99 session, the eligibility criteria were required toi.be fulfilled by 31st March, 1998. For the sessions 1999 -2000 also the eligibility date was 31st March, 1998. Several allegations have been levelled in respect of the correctness of the questions/model answers in addition to various other serious allegations which we shall deal with infra.