RISHABH SAXENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions have been preferred by students desirous of seeking admission to MBBS course in different medical colleges of the State of Rajasthan. All the petitioners appeared in the Rajasthan Pre Medical Test -2014 (for short, 'the RPMT') conducted by respondent Rajasthan University of Health Sciences (for short, 'the respondent -University') in six slots from 28th to 30th of May, 2014. While one set of writ petitioners, who could not qualify the RPMT, have approached this court with the prayer that the aforesaid examination held by the respondent -University be declared illegal and respondents be directed to hold fresh examination, another set of writ petitioners, who have been declared successful, have approached this court seeking a direction to the respondents to adhere to the time schedule for admission as originally notified and refrain from cancelling the whole examination, and if necessary compensate the candidates for questions that were deleted or were having wrong answers.

(2.) DURING pendency of these writ petitions, however, some of the affected candidates approached the State Government alleging various irregularities in the examination. The State Government, by its order dated 10.06.2014, constituted a Committee of experts to look into the grievance of such students. The Committee submitted its report to the Government on 15.06.2014. The Government, on consideration of aforesaid report and various other factors, finally, by its order dated 17.06.2014, decided to hold fresh examination. In view, however, of the schedule of time laid down by the Supreme Court in its order dated 19.05.2014 to complete the first round of counselling by 25.06.2014, and fixing 03.07.2014 as the last date for the students to join the allotted colleges, the Government filed an Interlocutory Application No. 10/2014 in Writ Petition (Civil) No. 737/2013 -Lipika Gupta and Another Vs. Union of India and Others, inter -alia with the prayer that the order dated 19.05.2014 be modified permitting the State Government and the respondent -University to conduct the RPMT for the academic Session 2014 -15 as per the revised time schedule proposed in Para 25 of that application so as to complete the entire exercise of admission up to 30th September, 2014, as originally fixed in that order. When the aforesaid Interlocutory Application came up for hearing on 23.06.2014, the Supreme Court was informed about the pendency of these writ petitions before this Court. Their Lordships were pleased to pass the following order: -

(3.) THE examination for RPMT, as already noted above, was held in two slots each on 28th, 29th and 30th of May, 2014, thus in total six slots. Examination paper consisted of 200 objective type questions carrying four marks each with 50 questions divided into four subjects -viz. -Physics, Chemistry, Botany and Zoology. The answer keys of the question papers of all six lots were uploaded on the website of the respondent -University on 30.05.2014, and objections of the candidates were invited up to 5.00 pm of the following day i.e. 31.05.2014. Total 103 grievances were received by the grievance committee, comprising of two experts under the Chairmanship of Pro -Vice -Chancellor. On examination thereof, the committee found 60 questions either wrongly framed or having wrong options or wrong translation from English to Hindi. The Grievance Committee decided to award four bonus marks for each wrong answer. Besides, the committee noted that 62 questions were correct but their options in the answer -key were incorrect. Before, however, declaring the result, the respondent -University discussed the matter with the Principal Secretary to the Government in its Department of Medical Education, who advised to again invite objections. The respondent -University again published revised answer -key on 03.06.2014 inviting objections till 12.00 noon on 04.06.2014. This time, the Committee received as many as 374 grievances.