MUNU MOHANTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for a direction to the Controller of Examinations, Department of Health, Medical Education & Family Welfare, Government of Bihar, Patna (respondent no.3) to relax the eligibility criteria and fill up the vacant seats in Post Graduate Courses from the successful candidates of the Post Graduate Medical Admission Test, 1998 (hereinafter to be referred to as PGMAT).

(2.) ADMITTED facts are that admission to the Post Graduate Course including Diploma is held on the basis of competitive test known as PGMAT. An advertisement, therefore, in terms of the prospectus of such test for the year 1998 was issued by respondent no.3. The examination was conducted on 29th March, 1998, result of which was published on 1.4.1998. As per the terms of the prospectus minimum qualifying marks for the candidates of general category Backward Class (BC), Most Backward Class (MBC) etc. was fixed 50% and that of the candidates belonging to scheduled caste and scheduled tribe 40%. A merit list was published but since the petitioner had obtained only 49.9% marks, securing a total of 499 marks out of 1000 therefore her result was not declared.

(3.) IT appears, feeling aggrieved by the aforesaid judgment, the State Government had filled SLP (Civil) No. 12961 - 12962 of 1997. The apex Court while disposing of the appeal modified the order of the High Court in these words: ''