GURVINDER KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner after qualifying her MBBS examination from the University of Rajasthan had appeared in Pre P.G. (M.D./M.S.) Competitive Examination in the year 1997 conducted by the University of Rajasthan. She was allotted Roll No. 384. On declaration of the result her name appeared on merit No. 6. It is stated that she had attained merits as she throughout in her career had been attaining the meritorious position as per Schedule A and the total MBBS marks obtained by her were 64% and had always, cleared in 1st attempt.

(2.) The result declared by the University was challenged by way of Public Interest Litigation being Writ Petition No. 3073/97 Dr. Anurag Dwivedi v. State of Rajasthan. By the orders of the High Court a committee was constituted by the State Government consisting of five Principals of the Medical Colleges situated in the State of Rajasthan. There was doubt cast about the result of top 30 candidates appearing in the merit list. There were allegations and counter allegations for using fair and unfair means for obtaining the top most position. However, the committee so constituted as mentioned above, had allowed only two candidates to be admitted to the Post Graduate Course out of 30 and the petitioner was one of those candidates. Ultimately vide Annexure 5, the petitioner's name was shifted from the subject of Physiology in M.D. to DCH at SMS Medical College, Jaipur. She was allowed to join the P.G. Course of D.C.H. subject to the undertaking that if in the enquiry which was being investigated by the State in regard to the top 30 students placed in the merit list, if the conclusion goes against the petitioner, the petitioner shall have no objection to forego the seat. It is stated that such an undertaking was given by the concerned candidates. However ultimately the writ petition filed in public interest was dismissal and it was left up to the State Government and University of Rajasthan to take action in accordance with law. It goes without saying that the writ petition was initially filed with a prayer to investigate the matter of the merit list. The writ petition having been dismissed, the matter was left open to the State and the University to investigate the episode.

(3.) The petitioner was continuing studies when she received the impugned orders dated 26-3-1998 and 27-4-1998 when her result of pre P.G. was cancelled and when the admission to DCH at SMS Medical College, Jaipur was terminated vide Annexure-10 dated 27-4-1998, which order was based on the order Annexure-7 passed by the University of Rajasthan when the result of 28 candidates out of list of top position 30 candidates was cancelled which included the result of the petitioner.