LAXMI DHAR SUBUDHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these two writ applications, since common questions of law and facts are involved and a similar relief has been sought for, these applications are disposed of by this common order.

(2.) The petitioners have prayed for quashing the condition prescribed in paragraph 15.5 Clause (gha) of the prospectus wherein the age limit of 17 years as on 1.7.1997 has been fixed for appearing in the Bihar Combined Entrance Competitive Examination, 1997, (hereinafter to be referred to as the 'B.C.E.C.E. 1997) as one of the eligibility criteria for admission in session 1997-98, and for direction to fix the cut-off date as 31.12.1997 for completing 17 years of age for appearing in the said examination. Further, prayer has been made for directing respondent No. 3, Controller of Examination to allow the petitioners' son and daughter who have applied for appearing in the said examination and to publish their results.

(3.) The case of the petitioners is that since long the respondents have fixed the minimum age of 17 years as on 31st December of that year being one of the conditions for eligibility in appearing in the entrance examination. In the last year also, the respondents in their prospectus for Combined Medical Education Entrance Test, 1996, fixed 17 years to be completed by the candidate on or before 31st December, 1996. It is stated that the minimum age limit for the candidates appearing in the CBSC All India Pre-Medical/Pre-Dental Entrance Examination, 1997, is 17 years as on 31st December, 1997. Not only that for all such medical entrance examinations either conducted or to be conducted this year by all the Institutions, minimum age has been fixed as 17 years as on 31st December, 1997. The petitioners have given list of those institutions throughout India where the age limit is prescribed as 17 years on 31st December, 1997. It is alleged that in complete departure from the last year criteria of fixing the cut off date and ignoring the criteria fixed throughout India, the respondents have changed the age limit in the prospectus of B.C.E.C.E. 1997 by prescribing that the age should be 17 years as on 1st July, 1997. According to the petitioners, the condition of eligibility is not only complete departure from the previous year's criteria, but is also not in consonance with the criteria fixed by the order All India Competitive Examinations for admission in the medical courses and is also at variance with the criteria fixed by the CBSE who will be sponsoring 15% of the admissions in the Medical College of Bihar. The action of the respondents is, therefore, completely arbitrary, whimsical and un-reasonable. It is stated that the petitioner's son/daughter, because of the age criteria fixed by the respondents have been deprived of appearing in the said examination. It is stated that the petitioner's son/daughter represented to respondent No. 3 in June, 1997 itself requesting him to allow them to appear in the said examination and those representations followed by reminders, but no action was taken by the respondents. The petitioners, therefore, challenged the age limit prescribed by the respondents as illegal and arbitrary.