MAHESH KUMAR MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners who are serving the State Government as Medical Officers applied for appearing in Pre-P. G. Medical Examination, 2007 which was held on 28. 1. 2007. THEy are seeking admission against unfilled seats of 50% of the total seats of post graduation in medical study course which are reserved for the central quota. Such seats are filled in as per the Regulations made by the Director General of Health Services, Government of India based on All India Competitive Entrance Examination. Remaining 50% seats are required to be filled in on the basis of merit in Pre-P. G. Medical Examination of the State. Admissions against the seats of State quota are made as per the provisions contained in Ordinances 278-E & 278-G of the University Ordinances which have since been adopted by the Rajasthan University of Health Sciences. Pre-PG Medical Examination are conducted by that University in accordance with the provisions of Post Graduate Medical Education Regulations 2000, framed by Medical Council of India. Regulations of 2000 inter-alia provides that a candidate seeking admission shall have to necessarily secure, in the case of general category minimum 50% marks and in the case of natural born scheduled caste and scheduled tribe and OBC, 40%. Examination was held at Jaipur on 28. 1. 2007 and the result of the same was declared on 31. 1. 2007 in which petitioners could not secure minimum 40% marks and were therefore declared to have failed. According to the petitioners, they could not secure minimum marks owing to the system of negative marking which has been applied by the respondent- University of Rajasthan in that examination. THEir objection to negative marking is that due to this system, sufficient number of scheduled caste and scheduled tribe candidates, especially in the in-service category, are not being able to secure admission thus frustrating the very intention of the State in providing reservation to them. THEy have therefore filed this writ petition with the prayer that the system of negative marking be declared illegal and unconstitutional and the respondents be directed to provide admission to the petitioners by ignoring such system.

(2.) I have heard learned counsel for the parties and perused the material available on record.

(3.) BUT that according to the petitioners cannot be the end of the matter because the Government of India by its circular dated 12. 9. 2001 issued general guidelines with a view to giving effect to its policy of reservation and impressed upon all concerned to dispense with the system of negative marking adopted by some of the examining bodies but the respondent University is not adhering to these guidelines. Para 4 of the circular containing certain observations with regard to system of negative marking is extracted hereinbelow:- " 4. With a view to ensure that adequate number of candidates are available for full utilization of the quota of seats reserved for the reserved category, students, the State Governments, Universities/colleges and other Central Medical Institutions are advised to consider the following steps and take appropriate action: (a) To dispense with the system of negative marking followed by some of the Examining bodies in the admission tests for professional courses which is working against the interests of reserved category students; (b) To organize remedial teaching or special coaching for the written test/interview for the SC/st students in order to encourage and equip them to appear in the entrance tests. There is a UGC Scheme for this purpose which provides funds for honorarium etc. , which may be fully utilized by the Universities/colleges. "