ANJUM AFSHAN Vs. STATE

JUDGEMENT

(1.) BY medium of this writ petition, the selection of candidates made to MBBS/BDS courses in Medical colleges Srinagar/Jammu for the session 1990 -91 has been challenged on various grounds enumerated therein.

(2.) IN pursuance of Notification No.2 of 1000 dated 3 -7 -90 issued by the competent Authority Entrance examinations J&K, hereinafter referred to as Authority the petitioner also appeared in the entrance examination. They expected to be invited for viva voce test as per the earlier procedure. They were not however called for the same as it was abolished vide SRO No. 191 dated 5 -6 -1990, Under that SRO for the first time, weightage was to be given to the marks obtained by the candidates in the qualifying examination.

(3.) ON 2 -ll -1990the result of the selected candidates was issued by the Authority and the petitioners were not selected. It is alleged in the petition that the said part of the selection process based on giving of weightage to the qualifying examination and reserving 25 points for the same is illegal and violative of Art. 14 of the constitution of India. It is further alleged that the deviation made by the respondents from the earlier established procedure is mala -fide and based on extraneous considerations. According to the petitioners the candidates throughout the state of J&K are not subjected to uniform standard, in the matter of their qualifying examination. The academic session for the Kashmir province is different from the academic session for Jammu province. During the relevant year the academic session for Kashmir province was October/November of the succeeding year and for the Jammu Province it was March/April of the same year. As a result of that the students appearing in the same standard of examination are subjected to different sets of questions. The standard of asking questions, the method and manner of evaluation of the answer scripts, is different from one province to another. In that view of matter allegedly there are -no comparable standards on the basis of which the relevant merit of the standards could be judged.