GAUTAM MORARKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY these writ petitions, the petitioner are challenging the system of negative marking as informed in Para 4(m) of the Instruction Booklet for the Pre -P.G. Medical Examination 2007 and 2008, except in one of the writ petitions -SBCWP No. 2095/2008 filed by Dr. Vikas Pareek and others, have challenged the decision of the Government dated 7.2.2008 extending the benefit of dispensing of negative marking of SC/ST candidates to in -service general candidates Pre -P.G. Medical Examination 2008.

(2.) IN all the aforesaid writ petitions, except one SBCVVP No. 2059/2008, the similar issue of dispensing with negative marking in respect of SC/ST in -service candidates for achieving the target of minimum 40% marks, is involved, by making provision to prepare two results -one with negative marking and another without negative marking will be prepared and in case of non -availability of the candidates in result or with negative marking, then second result without negative marking will come into operation to fill up the remaining seats of SC/ST. In SBCWP No. 2059/2008 Dr. Vikas Pareek v. State government decision dated 7.2.2008 of dispensation negative marking for in -service general candidates is under challenge. Therefore, all the writ petitions have been clubbed, heard and are being decided together.

(3.) BRIEFLY stated, facts of the case are that the petitioners are in -service general candidates for Pre -PG Examination 2008 conducted by the respondent Rajasthan University of Health and Sciences (hereinafter referred to as 'the Health University'). It has been stated in the writ petition that as per the Instruction Booklet for the Pre -P.G. Medical Examination 2008 (hereinafter referred to as 'the Booklet 2008') the candidates eligible as per Ordinance 278 -E and Ordinance 278 -G of the University of Rajasthan as modified and adopted by the Health University could appear in the examination for the seats mentioned for Category 1(b) of the Booklet 2008. Category 1(a) is the category of candidates who are admitted on the basis of result of All India Competitive Entrance Examination for admission to P.G. Courses (MD/MS/Diploma) on open merit. Category 1(b) is the category of candidates who compete for remaining 50% of the total seats other than category 1(a). It is further stated in the writ petition that under the directions of the Medical Council of India and the State Government, 16% seats are reserved for SC and 12% seats are reserved for ST. The present dispute is in respect of Category 1(b) of grant of benefit of dispensing with negative marking in case of non -availability of SC/ST candidates.