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1999 DIGILAW 940 (PAT)

Munu Mohanta v. State Of Bihar

1999-09-16

N.PANDEY

body1999
Judgment 1. This writ petition has been filed for a direction to the Controller of Examinations, Department of Health, Medical Education & Family Welfare, Government of Bihar, Patna (respondent no.3) to relax the eligibility criteria and fill up the vacant seats in Post Graduate Courses from the successful candidates of the Post Graduate Medical Admission Test, 1998 (hereinafter to be referred to as PGMAT). 2. Admitted facts are that admission to the Post Graduate Course including Diploma is held on the basis of competitive test known as PGMAT. An advertisement, therefore, in terms of the prospectus of such test for the year 1998 was issued by respondent no.3. The examination was conducted on 29th March, 1998, result of which was published on 1.4.1998. As per the terms of the prospectus minimum qualifying marks for the candidates of general category Backward Class(BC), Most Backward Class (MBC) etc. was fixed 50% and that of the candidates belonging to scheduled caste and scheduled tribe 40%. A merit list was published but since the petitioner had obtained only 49.9% marks, securing a total of 499 marks out of 1000 therefore her result was not declared. 3. By means of this writ petition, as noticed above, a direction was sought against the respondents to relax the qualifying marks as was done on the previous occasion to fill up the vacant posts. Reference in this regard was made to a decision of this Court in CWJC No. 9786 of 1995 with CWJC No. 2900 of 1996 whereby considering the cases with respect to Post Graduate Medical Admission, for the years 1992, 1993, 1994 and 1995, the respondents were directed not to keep any seat vacant for admission for the Post Graduate Medical Education and if, necessary, relaxation upto 40% marks be made even with respect to the candidates of general category, for 1995- 1998 sessions as also for subsequent sessions. Besides the aforesaid, a reference was also made to some of the orders of this Court passed previously in like manner. It was further contended that having regard to the aforesaid direction, the State Government reduced the qualifying marks to 40% for general category and 35% for the scheduled caste and scheduled tribe. Therefore, if such a relaxation is given this time, the petitioner and several others like her will have a chance for admission. 4. It was further contended that having regard to the aforesaid direction, the State Government reduced the qualifying marks to 40% for general category and 35% for the scheduled caste and scheduled tribe. Therefore, if such a relaxation is given this time, the petitioner and several others like her will have a chance for admission. 4. It appears, feeling aggrieved by the aforesaid judgment, the State Government had filled SLP (Civil) No. 12961- 12962 of 1997. The apex Court while disposing of the appeal modified the order of the High Court in these words: "Mr. Singh is right when he contends that there was no concession for the subsequent years and as that question had never arisen before the High Court for consideration still the High Court directed that concession on that basis will also apply for subsequent years. Mr. Singh is right when he submits that the said further direction is unsustainable. We, therefore, modify the order of the High Court by holding that the direction contained in the impugned judgment in paragraph 5 shall be confined only to session 1995-98 wherein relaxation had to be given to those candidates who had appeared for session 1996-98 in 1995 PGMAT examination. There was no occasion for the High Court to make any such further direction for the subsequent sessions as that question never arose before it for consideration." 5. From the facts noticed above there appears no doubt that this Court while disposing of the abovementioned two writ petitions, had directed the Government to relax the qualifying marks so as to fill up all the vacancies. But since by virtue of the order, noticed above, the apex Court confined such relaxation only for the sessions, 1995-98, it would not be open to the petitioner to claim similar relaxation for the 1998 examination. 6. True it is that the petitioner has got shortage of only 1% marks, therefore, in case of a slight relaxation, she would be entitled for admission to the Post Graduate Courses. But having regard to different decisions of this Court as well as the apex Court, like in the case of Dr.Preeti Srivastava & Ors. V/s. The State of Madhya Pradesh & Ors., 1999(3) PLJR 20, it will perhaps not be proper to relax the qualifying marks for admission after the publication of result. But having regard to different decisions of this Court as well as the apex Court, like in the case of Dr.Preeti Srivastava & Ors. V/s. The State of Madhya Pradesh & Ors., 1999(3) PLJR 20, it will perhaps not be proper to relax the qualifying marks for admission after the publication of result. The State Government, having laid down a system for holding admission test, fixing minimum qualifying marks for the candidates of general category and scheduled caste and scheduled tirbe, should not be asked at a later stage to relax the standard. In this view of the matter, although the case in hand appears quite hard, but in the facts and circumstances as noticed above, it may not be proper to direct the respondents to reduce the qualifying marks from 50%. Because in case, such relaxation is granted, a claim can also be made by those who can get admission if relaxation of 2%- or more is granted. 7. Apart from the aforesaid, there is another hurdle due to which it may not be possible for me to grant such relaxation. Because while dealing with a batch of cases, in CWJC No. 3196 of 1996 and analogous, this Court directed that admission to the medical courses both Postgraduate and Undergraduate courses shall be granted strictly in accordance with the result of the competitive test having regard to the provisions of reservation. It was also directed that seats which remained vacant in the early years shall not be filled up in the subsequent year and all those seats which could not be filled up within the prescribed period under the prospectus, shali lapse. 8. True it is, having noticed that due to lapse or inaction of the authorities, 62 seats of this batch for general category remained vacant in the Postgraduate course and Diploma Course by the judgment in CWJC No. 2713 of 1999, this Court directed the Controller of Examinations that steps should be taken to fill up those posts by lllrd counselling within a period of one month from the date of judgment i.e. 30.4.1999. It was further directed that within one week after the last date of the lllrd counselling all the seats be filled up and thereafter, if seats remain vacant for the year 1998, it shall lapse. 9. It was further directed that within one week after the last date of the lllrd counselling all the seats be filled up and thereafter, if seats remain vacant for the year 1998, it shall lapse. 9. As woufd appear from the counter affidavit of the respondents after the lllrd counselling, the admission to the Postgraduate Medical Course was closed within the scheduled time. Therefore, it would not be proper at this stage to reopen the matter and to relax the qualifying marks. 10. On behalf of the intervenors in I.As. Nos. 9570 and 9571 of 1999 a prayer has been made for a direction to the respondents to release the reserved seats, which remained vacant for want of qualified candidates so that the candidates of general category who have obtained qualifying marks can be considered for admission. Because this Court as well as the apex Court by means of various cases, like one in the case of Dr. Sadhna Devi and Others V/s. State of UP and Others [ (1997)3 SCC 90 ] had specifically directed that in case candidates of special categories fail to secure even minimum qualifying marks then seats reserved for the same should not be allowed to go waste. But it should be made available to the candidates belonging to general category otherwise there will be a national loss. Similar was the view expressed by a earlier judgment of the apex court reported in the case of Dr. Jagadish Sarana and others V/s. Union of India, [ (1980)2 SCC 768 ]. 11. In My view, having regard to the facts noticed above and authoritative pronouncement of the apex Court, the submission of Mr. Sharma appears quite justified that such vacancies should be released to be filled up by the qualified candidates of the general category in order of merit. But having regard to the specific direction of this Court in the case of Arunabh Prabhakar & Others V/s. The State of Bihar & Others (CWJC No. 2713 of 1999 disposed of on 30.4.1999) [ 2000 (1) PLJR 262 ] judicial discipline demands not to take a contrary view. Because in that case, the respondents were specifically directed that within one week, after the date of third counselling, all the admissions should be closed and in case seat remains vacant for the year 1998, it shall lapse. 12. Because in that case, the respondents were specifically directed that within one week, after the date of third counselling, all the admissions should be closed and in case seat remains vacant for the year 1998, it shall lapse. 12. But in the I.As the intervenors have stated that because of the interim order of this Court dated 10.6.1999, the process of third counselling was stopped. Therefore, I direct respondent no.3 to verify the matter to find out whether after the third counselling steps for filling up the vacancies were complete in terms of the order of this Court in the abovementioned cases. In case somehow or the other, because of the interim order of this Court, the process could not be completed within the time schedule, the same must be completed within a period of four weeks from today. But as stated in the counter affidavit, if admission has been closed after observing the necessary formalities, as directed by this Court in above mentioned cases no further steps will be taken up. 13. With the above observation/direction, this writ application as well as both the I.As. are disposed of.