- (1.) Thirty six out of the fifty candidates who had appeared at the MD/MS Merit Screening Test-2010 for Institutional candidates conducted by the Institute of Medical Sciences, Banaras Hindu University, Varanasi (hereinafter referred to as the 'Institute') have sought the quashing of the order dated 6th April, 2010 passed by the Vice-Chancellor of the University as also the consequential notification dated 13th April, 2010 issued by the Institute for cancelling the Merit Screening Test held on 10th February, 2010 and for holding of a fresh 'Merit Screening Test' for Institutional candidates on 26th May, 2010. The petitioners have also sought a direction upon the respondents to hold the counselling of the petitioners for admission to the MD/MS course as per the merit list declared on 19th February, 2010 on the basis of the Merit Screening Test held on 10th February, 2010. The Institute awards degree of MD/MS in several disciplines/subjects and admission to these courses is made through an All India Test but a separate test called 'Merit Screening Test' is conducted by the Institute for Institutional/Internal Candidates who have passed the Final Professional Examination from the Institute.
(2.) There were 134 seats available for the MD/MS Course in the Institute for the Academic Year 2010, and the breakup of the seats is as follows:-- (i) DGHS Quota : 67 Seats (i.e. 50% of the total intake) (ii) Institutional Quota: 43 Seats (50% of the MBBS intake) (iii) All India Entrance Test Quota : 24 seats
(3.) The Merit Screening Test for admission against the 43 Institutional seats was held by the Institute on 10th February, 2010 and the All India Entrance Test for the 24 All India Entrance Test Quota seats was held on 21st February, 2010. For the purpose of conducting the Merit Screening Test for the Institutional/Internal candidates, the Vice-Chancellor of the University, by the order dated 9th November, 2009, appointed Professor L.D. Mishra, Department of Anesthesiology, as the Professor In-Charge of the MD/MS Entrance Examination-2010, while Professor S.K. Gupta, Department of General Surgery, was appointed as Co-Incharge of the MD/MS Entrance Examination-2010. A Co-ordination Committee was also constituted for conducting the aforesaid MD/MS Entrance Examination-2010 and in its meeting held on 12th November, 2009, the Co-ordination Committee at Item No. 9 resolved that the evaluation of OMR Sheets, preparation of result sheets and its pasting on the University Website will be done with the help of the Computer Centre of the University. The schedule of the MD/MS Test for Institutional candidates was also discussed and it was resolved that as per the procedure practiced last year, the date of Screening Test will be 14th February, 2010 and the date of result on website will be 3rd week of March, 2010. Along with the application form provided to the candidates, Information Leaflet about the Merit Screening Test-2010 for MD/MS admission to Institutional candidates was also provided to the candidates and the relevant information contained in the leaflet is as follows:-- 1. Eligibility: (i) Internal candidates who have passed Final Professional MBBS Examination from Institute of Medical Sciences, BHU in December, 2008 and Supplementary Examination in April, 2009 are eligible. (ii) The Completed one year Compulsory rotating Internship by 30th April, 2010. .... 3. Evaluation, Result & Selection: (i) There will be only one test paper common to all the subjects. The test paper will consist of 200 objective questions from the subject taught in MBBS. 1 mark will be awarded for each correct answer. The qualifying marks shall be 50% of the aggregate for general candidates and 40% for SC/ST candidates. (ii) Selection will be made on the basis of the merit index prepared according to the guidelines provided by the Institute/University for MD/MS selection-2010. Final Merit Index= aggregate % of marks obtained in all the professional examinations+ (1.5 x number of distinctions)-(1.5 x number attempts) + % of marks obtained in the Merit Screening Test-2010. (iii) Notwithstanding anything to the contrary contained anywhere in the ordinances of the University, no scrutiny/revaluation of the answer sheet shall be allowed on any ground. (iv) Roll number of qualified candidates will be displayed on the institute Notice board. (v) Selected candidates will have to appear before the admission committee for counselling. In case of equal merit index the inter-se ranking of the candidates should be determined in the following order. (vi) In case of equal marks the merit shall be decided on the basis of the aggregate of all the Professional Examinations of MBBS. Hence, candidates should clearly and correctly full up the marks obtained and the total marks of all the professional MBBS Examinations in item 11 of the application form (to be verified at the time of counselling). Otherwise any claim for correctness of inter-se merit shall not be entertained. (vii) If the marks at the above also happens to be the same, the date of birth would be the basis i.e. the candidate senior in the age would rank higher.;