PRAGYA MANINI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the issue involved in both the cases is the same, both the applications were heard together and are being disposed of by this common order. In both the application notification issued by Special Secretary, Department of Health, Family Welfare and Medical Education, as contained in memo no.367(7A) dated 9.9.2011 has been challenged whereby decision has been taken that candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes are required to obtain 40% marks separately in qualifying examination as well as in competitive entrance examination for being eligible to be admitted in Medical Colleges.

(2.) The facts giving rise these two applications are that the petitioner, Pragya Manini secured 57.3% in the Physics, Chemistry and Biology in qualifying examination (Indian School Certificate Examination, New Delhi) whereas petitioner, Akash Bhengra had secured 69.66 marks in the aforesaid three subjects in qualifying examination. When an advertisement was issued by the respondent for holding joint test known as JCECE-2011 for selecting candidates to be admitted in the Engineering, Medical Colleges and Agriculture Colleges in the State of Jharkhand, both the petitioners did apply. The prospectus-cum-application form stipulated about the eligibility criteria, the process of selection etc. Clause 3.2 of the said prospectus speaks about minimum qualifying marks tobe acquired in the qualifying examination as well as in the competitive test. According to the petitioner, the said clause does prescribe that if the candidate of the reserved category (Scheduled Castes, Scheduled Tribes and Other Backward Classes) gets 40% marks in the qualifying examination together with competitive examination, he would be eligible tobe appointed in the Medical Colleges. Both the petitioners appeared in the competitive examination (JCECE-2011). The petitioner Pragya Manini secured 22.75, 12.75 and 15.75 in Biology, Physics and Chemistry respectively out of total 150 marks, total being 51.25, percentage of which comes out 34.16. According to the petitioner, 57.33 marks obtained in the qualifying examination if is clubbed with 34.16% marks, it would come 45.74% which is more than 40% and as such, she would be eligible to be admitted in terms of regulation of the Medical Council but the petitioner was not allowed to participate in the counselling, though in the first counselling, the candidates of the reserved category securing 40% of marks together in both the examinations were allowed to participate and even some of the candidates have been admitted in the Medical Colleges, through provisionally. The petitioner was not allowed to participate in the second counselling as by the time of holding second counselling, a notification dated 9.9.2011 (Annexure 7) had been issued whereby directives were issued that the candidates of the reserved category securing minimum of 40% marks each in qualifying examination and also in competitive examination would be eligible to be admitted in the Medical Colleges, which, according to the petitioner, was against the Regulation issued by the Medical Council of India and also against the decision/direction issued by the then Secretary, Government of Jharkhand, vide its letter dated 31.7.2006 (Annexure 2) where it had been laid down clearly that if the candidates secure 40% marks in the qualifying examination together with competitive examination, they would be eligible to be admitted in medical colleges.

(3.) So far petitioner Akash Bhengra is concerned, his case is also on the same line. The petitioner, Akash Bhengra, has secured 28.75, 16.5 and 11.25 marks in Biology, Chemistry and Physics respectively, out of total 150 marks in which in percentage would come to 37.66% if it is clubbed with 69.66% marks obtained in qualifying examination, average would come to 53.66% and as such, he would be eligible to be admitted in the Medical Colleges. Since he had secured more than 40% marks, he on being called attended counselling where he was allotted a seat at Patliputra Medical College but the Principal of the college did not allow the petitioner to take admission, though number of candidates securing less marks than this petitioner had been admitted in Rajendra Institute of Medical Science and other Medical Colleges, keeping in view the interim order passed in a case of Tarun Baxla vs. State of Jharkhand and others [W.P.(C) No.4956 of 2010] . Under the circumstances, the prayer has been made to direct the respondent to take admission of the petitioner in MBBS course.