NAVEEN AGARWAL Vs. STATE

JUDGEMENT

(1.) In a bunch of instant petitions, since common controversy is involved at joint request, were heard together and are being decided by present order.

(2.) Instant petitions have been filed primarily with the grievance that Rajasthan PrePost Graduate Online Medical Entrance Examination ("Pre-PG Exam.") held on 11th & 14th February, 2012 be either cancelled and held afresh as the process of holding common entrance test on two different dates was not in conformity with Reg.9 of Medical Council of India Regulations; or some other method be adopted taking note of level of difficulty of the Examination of common subject/paper held on 11th & 14th February, 2012.

(3.) The dispute basically arose when the Online Pre-PG Examination was notified by respondent-2 (Rajasthan University of Health Science) ("RUHS") for being held on 11/02/2012 on eight different Centres but because of some technical fault in computer server at one Centre (Global Institute of Technology, Sitapura, Jaipur), students of that centre could not appear in Online Pre-PG Examination on 11/02/2012; however, respondent (RUHS) immediately after holding emergency meeting took decision to hold Pre-PG Examination of such students on 14/02/2012; but after result of PrePG Exam. held on 11th & 14th February, 2012 came to be declared, score marks awarded to the examinees of 14th February, 2012 were unexpectedly higher than that of 11th February, 2012, that became the basic cause having arisen for filing instant petitions.