NUPUR SHUKLA Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) This petition has been filed with a prayer to quash and set aside the provisional merit list and the provisional allotment letter (round-1) dtd. 29/12/2018 and to further direct the respondents to issue another provisional merit list and allotment letter afresh.

(2.) The facts of the case are that the petitioner having passed the BDS examination appeared for a common entrance examination 2018 for admission in the RUHS M.Sc. (Med). She secured 44 marks.

(3.) Eligibility for admission to the RUHS M.Sc. (Med) common entrance Examination 2018 was spread over four distinct groups with different educational qualifications i.e. A-MBBS/BDS; B-B.Sc. (Biology, Chemistry, Zoology); C-B.Sc. Biotechnology (Integrated)/Microbiology; and D-B.V. Sc.& AH. The petitioner belonging to Group A aforesaid submits that each group being required to answer different questions on the subject matter of their under graduate study, the difficulty level at the common examination varied. This according to the petitioner is evident from the fact that while the topper of Group B i.e. B.Sc. (Biology, Chemistry, Zoology) obtained 80 marks out of 100, the topper of group A i.e. MBBS/BDS, to which the petitioner belongs, scored merely 50 out of 100 marks. Candidates of group A were thus unfairly disadvantaged vis-a-vis those in Group B in contravention of their right to a level playing field within the ambit of the right to equality under Article 14 of the Constitution of India, submitted counsel. It has been submitted that the drawing of the common provisional merit list for all the four different groups competing for admission into RUHS M.Sc. (Med) thus cannot sustain. And further that the impugned provisional merit and allotment list have been prepared wrongly interpreting the judgment dtd. 16/2/2018 passed by this court in SBCWP No. 3395/2018, titled Jyoti Diwevdi v. RUHS and another. The case of the petitioner is also that the Academic Council of RUHS had in view of the obvious disparity in evaluating candidates for admission to M.Sc. (Med.) from disparate groups independently evaluated had recommended that selection of candidates for admission to M.Sc. (Med) be based on evaluating them in their own respective categories be done and thereafter on a percentile system or normalizing of marks of different groups for their inter se merit be ascertained. That recommendation has also been arbitrarily overlooked to petitioner's prejudice, submitted the petitioner's counsel. The provisional merit list and the provisional allotment letter (round 1) being based of raw marks obtained by candidates answering different questions be thus quashed and set aside.