RITA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two writ petitions have been filed for a direction to the respondents 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, 1996 (hereinafter to be referred to as PGM AT).

(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 1996 was issued by respondent No. 3. The examination was conducted and result was also published. 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%.

(3.) BY means of these writ petitions, petitioners have sought for a direction to the respondents to relax the qualifying marks from 50% to 40% for the candidates of general category including Backward Class and Most Backward Class and from 40% to 30% for the candidates of Scheduled Castes & Scheduled Tribes, as was done in view of the direction of this Court in C.W.J.C. No. 9786 of 1995 with C.W.J.C. No. 2900 of 1996 with respect to the P.G.M.A.T., 1995 -96 and the said criteria was also approved by the apex Court.