DILIP GUPTA, J. - (1.) FIVE candidates, who had appeared at the U.P. Post Graduate Medical Entrance Examination 2010 (hereinafter referred to as the 'U.P.P.G.M.E.E. -2010) for admission to the State Quota Seats of Post Graduate MD/MS/MDS/PG Diploma Course in various State Medical Colleges and Medical/Dental Faculty of C.S.M. Medical University, Lucknow, have filed this petition for quashing the order dated 6th April, 2010 issued by the Principal Secretary, U.P. Government and for a direction upon the respondents not to permit the candidates belonging to reserved categories, who have secured less than 40% marks at the Entrance Examination, to participate in the counselling scheduled to commence from 11th April, 2010. A further direction has been sought that the respondents should also not admit any student under the reserved categories who has obtained less than 40% marks at the Entrance Examination.
(2.) THE State Government, by the order dated 30th October, 2009 authorised the CSM Medical University, Lucknow (hereinafter referred to as the 'University') to conduct the U.P.P.G.M.E.E. -2010 and pursuant to the said notification, the University issued the Information Brochure giving details of the procedure to be followed for conducting the said Entrance Examination to be held on 28th February, 2010. Amongst others, it mentions the Important Dates, General Information, Applying and Question Paper. The Important Dates are as follows: - IMPORTANT DATES Date of Entrance Examination Sunday 28th February, 2010 Application Process starts Friday 8th January, 2010 Last date for receiving completed application Wednesday 27th January, 2010 by 4:00 P.M. Expected date of declaration of merit list Monday 15th March, 2010 Date of Medical Board for obtaining Physically handicapped certificate Monday 22nd March 2010 Date of first Counselling (Venue C.S.M. Medical University, Lucknow) Sunday 11th April, 2010 Last Date for joining the allotment college & course from the first counselling Tuesday 20th April, 2010 Date of second counselling. Any change in dates of counselling will be announced by the Director General Medical Education. (Enquiries should not be directed to the Examination Body. Wednesday 26th May, 2010 Last date for candidates for joining alloted seats from 2nd round of counselling Monday 31st May, 2010 Under the head "QESTION PAPER", the Brochure mentions : "1. The examination will be conducted in English medium only. 2. The examination shall consist of one paper of 200 MCQ (Multiple Choice Question)as follows: (a) 100 questions on pre and para - clinical subjects. (b) 100 questions on clinical subjects. 3. There will be four types of multiple choice questions (MCQs): (a) There will be 100 questions with 4 options or choices of which one will be best suited or best response. (b) There will be 50 questions with 5 options or choices of which one will be best suited or best response. (c) There will be 40 questions with 5 options or choices of which two will be best suited or best response. (d) There will be a paragraph followed by 5 questions based on that paragraph. Each question will have 4 alternatives of which one will be best suited or best response. Number of such paragraphs will be 2 and the number of questions is expected to be about 10. 4. The Best response to each shall be as determined by the Board of Examiners of the UPPGMEE - 2010. The decision of the Board of Examiners shall be final and binding. 5. Each question shall carry 4 marks each. Four (4) marks will be awarded for each correct question answered. 6. There will be negative marking. One mark will be deducted for each incorrect answer. Zero (0) mark will be awarded for no response. Indicating more than one choice for any question shall be considered as incorrect response except where questions have two correct responses. Questions with 2 correct responses shall be clearly marked in the question paper. 7. The marking including negative marking for questions with two correct responses will be as follows: 2 marks will be awarded for each correct option/response marked ie 4 marks for the question. There will be one negative mark for each option/response wrongly answered hence if one option is answered wrong then one mark will be deducted and if both options are wrong 2 marks will be deducted. If a candidate marks more than 2 options then 2 marks will be deducted. 8 ................. 9 ................ 10 .............." (emphasis supplied) The Brochure also contains the head "RESULT AND MERIT LIST" which is as follows: - 1. General category candidates shall have to secure a minimum of 50% marks and the reserved category candidates a minimum of 40% marks to qualify for admission to a postgraduate medical/dental course. Qualifying does not mean admission. Admission will be given according to merit at the time of Counselling. 2. Merit list for only those candidates who have qualified will be declared. A marks sheet will be sent to all candidates. 3. Candidates securing minimum qualifying marks (50% for general and 40% for reserved) shall be given ranks according to the total marks obtained. There shall be a combined merit list (with State rank) for all category candidates. The merit rank of reserved category candidates in their respective categories (Category rank) shall also be indicated along with their combined merit (State rank). 4. In case of two or more candidates obtaining equal marks in the competitive entrance examination, their inter -se rank will be determined in order of preference as under : (a) Candidate obtaining higher marks in questions with two correct options of the UPPGMEE - 2010. (b) Candidate scoring less negative marks. (c) According to age, older will get preference over younger. (d) If rank cannot be decided by above criteria, then tie shall be decided by toss of coin. 5. There is no provision of re -evaluation. However, there is provision of scrutiny for which candidate may apply within seven days of declaration of result along with a demand draft of Rs.300/ - in favour of UPPGMEE - 2010 payable at Lucknow. (emphasis supplied) The result of the Entrance Test was declared on 4th March, 2010 and the counselling was to begin from 11th April, 2010. After the declaration of the result, but just five days before the counselling was to begin, a communication dated 6th April, 2010 was sent by the Principal Secretary, Government of U.P. to the Director General, Medical Education and Training, Lucknow regarding negative marking in the U.P.P.G.M.E.E. 2010 for the candidates belonging to the Scheduled Castes/Scheduled Tribes only for the purpose of determining their eligibility. The letter mentions that in accordance with the Post Graduate Medical Education Regulations 2000 framed by the Medical Council of India, the reserved category candidates have to secure a minimum of 40% marks at the Entrance Examination to qualify for admission to the Post Graduate Medical/Dental Courses and though there is no system of negative marking in the Post Graduate Medical Entrance Examination, yet the U.P.P.G.M.E.E. was continuing with negative marking and even for the present U.P.P.G.M.E.E. 2010, negative marking was done as a result of which sufficient number of reserved candidates were not available for filling up all the seats reserved for SC/ST candidates. Thus, in order to ensure that all the reserved seats are filled up, the letter mentions that the Government has taken a decision that for the SC/ST candidates, the marks deducted for wrong answers at the Entrance Examination shall be added to the marks obtained by them for the purpose of determining their eligibility, but the merit determined by the University shall not be changed and such candidates who become eligible after adopting the aforesaid procedure shall be permitted to appear at the counselling in accordance with the merit list prepared by the University.
(3.) THE petitioners, who have appeared at the U.P.P.G.M.E.E -2010 as General candidates, have sought the quashing of this communication dated 6th April, 2010 and have also sought a direction that any candidate belonging to the SC/ST category securing less than 40% marks at the Entrance Examination should not be permitted to appear at the counselling and seek admission to the Post Graduate Courses.;