RENU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are various applications raising common points and we have gone into the same. We have heard learned Advocates appearing for the petitioners, the State and the private respondents.

(2.) The facts of this case are as follows. There was a Medical and Dental Admission Test of 1991 (hereinafter referred to as the said 'Test'). The relevant prospectus for admission therein would appear from Annexure-I in C.W.J.C. No. 4833 of 1991, which has been described as Medical, and Dental Admission Test (M.D.A.T.), Bihar, 1991. The relevant paragraphs of the prospectus for admission, which is relevant for the purpose of disposal of these applications, are set out hereinbelow: (1) Of students to the First Year of the M.B.B.S. Course of Patna Medical College, Patna; Darbhanga Medical College, Laheriasarai; Rajendra Medical College, Ranchi; J.N. Medical College, Bhagalpur; Mahatma Gandhi Memorial Medical College, Jamshedpur; S.K. Medical College, Muzaffarpur; Nalanda Medical College, Patna; A.N. Magadh Medical College, Gaya; Patliputra Medical College, Dhanbad and First Year B.D.S. Course of Patna Dental College, Patna. (2) Candidates for admission to the 1st Year M.B.B.S. Course and to the 1st Year B.D.S. Course shall have to appear at a competitive test and will be selected for admission to the above Course on the basis of merit according to the result of the test. They have to secure at least 50% marks at the test (Scheduled Castes/Tribes candidates have to secure at least 40% marks). The Government may grant relaxation in case sufficient number of S.C./S.T. candidates does not qualify for admission. (3) Standard of Examination: As 10+2/Higher Secondary/I.Sc. or equivalent examination recognized by the Universities of Bihar. No detailed syllabus is prescribed. (4) Subject of Examination; Physics, Chemistry and biology (Botany & Zoology). (5) Medium of Examination: English. (6) Distribution of Marks: Subject Full marks Physics 40 Chemistry 40 Botany 20 Zoology 20 (7) Pattern of Examination: Questions will be of multiple choice/objective type. Against each question there will be given 5 different answers numbered 1,2,3,4 and 5, out of which one will be correct answer. The serial number of the answer thought to be correct one has to be written on the answer-sheet in the empty box under the serial number of that question. A sample copy of the answer-sheet is enclosed. There will be 3 sets of question booklets,. Namely, A.B.C. having the same questions but in three different orders. Each booklet will be attached with answer-sheet of the same set. Each candidate will be supplied with only one particular set of question booklet-cum-answer-sheet and he is cautioned to fill the answer-sheet as per set supplied to him/her. (8) Schedule of Examination: (a) The examination will be held in one sitting and will be of two hours duration. (b) Date of examination: 7-7-1991. (c) Last date of receipt of application: 6-6-1991. NOTE: The schedule of examination may change under unavoidable circumstances. 23. Inter se merit among candidates securing the same aggregate marks at the competitive test shall be determined on the basis of marks secured in Biology Group (Botany & Zoology) at the test. In case of a tie at this stage. The decision will be made on the basis of marks secured in Zoology at the test. In case of continued tie the decision will rest on the marks obtained in Chemistry in the test. If it still remains indecisive, the candidate passing, the qualifying examination earlier will get preference. If there is still a tie between the two candidates, then he/she who is senior in age would get preference over the other.

(3.) What has happened in this case is that pursuant to the same the examination was sought to be held at nine centers at different places in the State of Bihar on a particular date and on a particular time and on the basis of common examination papers. These examination papers at every centre consisted of three sets, A, B and C in order to prevent any "copying". What has unfortunately happened is that though in respect of other centers the examinations were duly held but in respect of Dhanbad Centre, no such examination could be held. According to the State such examination at Dhanbad Centre could not be held in view of some trouble created by some outsiders. What ever may be the reason, the admitted position is that the examination at the centre could not be held not because of any fault on the part of the authorities in charge of holding such examinations. As a result of the same the examination at the Dhanbad Centre was cancelled in toto. In this context, we may point out that we shall proceed on the basis that cancellation of such examination at Dhanbad Centre was valid and proper, inasmuch as the validity of the same has not been challenged in these proceedings. On the- basis of the pleadings of this case we are also satisfied that it is not because of any fault on the part of the authority concerned that such examination could not be held. Accordingly what the Government did after such cancellation was that it directed that the examination will be held on 28th July 1991, afresh so far as the Dhanbad Centre is concerned.