MD AJAZUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Respondents published one notice on 19th August, 1997 (annexure -1), with respect to Post Graduate Medical Admission Test, 1997 (for short P. G. M. A. T. 1997), by which while giving reference of this Court's order passed in C.W.J.C. Nos. 2131/97 and 4412/97, informed that the extremely Backward class students and Scheduled Caste/Tribe students, who obtained less than 40% and 30% during the admission test, their admissions have been cancelled. The petitioners, all of whom, belong to such reserved category, being aggrieved, have challenged the aforesaid notice, contained in Annexure -1.

(2.) ADMITTEDLY , the petitioners appeared in P.G.M.A.T. 1997 competitive examination on 9th March, 1997, wherein after result was declared. Earlier to that a writ petition was preferred before this Court by certain persons in C.W.J.C. No.2131/97 for extension of the date of test and interview. The said writ petition was earlier dismissed. Subsequently, on 6th March, 1997, the State of Bihar filed a petition for modification/clarification of the order being I.A. No. 2127/97, for the purpose of extension of period of time of admission on the ground that enough number of suitable candidates were not available. The said petition remained pending before this Court and the examination was conducted on the scheduled date on 9th March, 1997, whereinafter, interview was also conducted on scheduled date. Earlier, a merit list was prepared category -wise, as per number of seats available. A cut -off qualifying marks was fixed for such admission. While 50% narks was the minimum qualifying marks or admission of general category and other Backward category, 40% qualifying narks was fixed for Scheduled Caste/Tribe categories. Subsequently, in absence of eligible candidates, the qualifying narks was brought down by 10% and 40% qualifying marks was fixed for general category and other backward category and 30% marks was fixed for Scheduled Caste/Tribe categories. Even after reduction of such qualifying marks, as it was found that certain more seats reserved for extremely Backward category, Scheduled Caste and Tribe categories remained vacant, the Respondents further brought down the qualifying marks to fill up all the seats on the basis of position in the merit list. In effect, the last candidate belonging to extremely Backward category who obtained 30.4 marks, candidates belonging to Scheduled Caste category who obtained 27.4 marks and Scheduled Tribe candidates who obtained 25.6 marks, were admitted and such admission was completed between 17th and 18th May, 1997. These are the petitioners who were so admitted, after reducing the qualifying marks from 40 -30% to lower 25 percent.

(3.) THE writ petition, C.W.J.C. No. 2131 of 1997 (Dr. Neel Kamal Kumar vs. State of Bihar), which was earlier dismissed prior to 6th March, 1997, was taken up to decide the prayer made in the I.A. No. 2127/97 filed on 6th March, 1997, after the aforesaid admission on 22nd May, 1997. On the said date (22nd May, 1997), it was not brought to the notice of this Court that I.A. No. 2127/97 had also become infructuous, all admissions having already taken place. In this circumstances, while the Court by order dated 22nd May, 1997 in C.W.J.C. No. 2131/97 extended the period of admission up to 30th June, 1997, made certain observation relating to relaxation of qualifying marks. Subsequently, another Interlocutary application was filed in the said disposed of C.W.J.C. No. 2131/97 by candidates like the petitioners for modification of order dated 22nd May, 1997. They brought to the notice of the Court that prior to 22nd May, 1997, admission had been completed and because of observation made on 22nd May, 1997, the authorities were proceeding to cancel their admission to Post Graduate Medical courses. This Court, vide order dated 5th July, 1997 in C.W.J.C. No. 2131/97, clarified that this Court never directed the State or the authority concerned to cancel any admission granted by it. It is for the authority concerned to take a decision in the matter, and it is open to the competent authority to cancel the admission granted, if it is satisfied that the admission have not been granted in accordance with law. Subsequently, another writ petition, C.W.J.C. No., 4412/97 was preferred by one Dr. Rajneesh Shekhar and others. In the said case, the counsel for the petitioners and the counsel for the State agreed that the case was similar to C.W.J.C. No. 2131/97. Thereafter, the respondents giving reference of aforesaid two writ petitions, C.W.J.C. Nos. 2131/97 and 4412/97, came out with the impugned notice of cancellation of admission of extremely Backward Class, Scheduled Caste and Scheduled Tribe categories who have obtained less than 40 and 30 per cent respectively.