SUNITA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GRIEVANCE of the petitioner as projected in the instant writ petition is that although the petitioner secured 589 aggregate marks in competitive examination of PMT but she was not given admission in MBBS Course on the ground that she did not secure minimum 33% marks in Physics Paper whereas the other candidates having less aggregate marks than the petitioner were given admission as they secured minimum 33% marks in individual papers. The petitioner seeks to quash the instructions issued by the State Government/university providing for minimum qualifying marks in individual subject and prays to draw merit position based on the marks obtained by the candidates as per the regulations of the MCI i. e. 40% marks in aggregate in three subjects for reserved caste candidate and to declare the petitioner qualified for giving admission to MBBS course on the basis of aggregate marks secured by her.

(2.) CONTEXTUAL facts depict that the respondent University issued an advertisement and information booklet for inviting applications for a competitive examination of PMT for the purpose of admission to the medical colleges. In the information book-let necessary instruction for eligibility to admission in MBBS course was published which reads thus- " He/she shall have to obtain at least 50% marks in aggregate at the Pre-Medical Test (PMT) with atleast 33% marks in individual subjects on the result of which above admission to the MBBS/bds courses will be regulated. However, the natural born scheduled caste/tribe candidates may be given a relaxation of 10% in aggregate marks secured in the Pre Medical Test (PMT ). "

(3.) LEARNED counsel for the respondents during the course of arguments although abandoned the preliminary objection regarding non-joinder of University of Rajasthan as party in the writ petition yet canvassed vociferously in support of the competence of the State Government in prescribing the eligibility criteria for admission in the MBBS course.