ARCHANA Vs. STATE OF U P
LAWS(ALL)-2014-9-490
HIGH COURT OF ALLAHABAD
Decided on September 10,2014

ARCHANA Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) THE petitioner appeared for the Common Entrance Test of U.P.CMET -2014 for admission to the MBBS Degree Course for 2014 -15 conducted by the Unaided Medical Colleges Welfare Association of the State. The petitioner seeks a mandamus to the Coordinator, the fourth respondent, to declare her result and to declare the results roll number wise or candidate wise on the website of the Association or in the alternative in a newspaper having wide circulation. The petitioner also seeks a declaration of the cut -off marks for admission.
(2.) AT the hearing of the petition, learned counsel appearing on behalf of the third and fourth respondents has placed on the record the mark -sheet of the petitioner which states that the petitioner had obtained only 22.5 marks out of 200 marks in Paper I (Physics and Biological Science) and 11 marks out of 50 in Paper II (General English). The petitioner who belongs to the SC category did not qualify by obtaining a minimum of 40% marks in each paper.
(3.) AS regard the general grievance of the petitioner that the results were not published on the website, learned counsel appearing on behalf of the third and fourth respondents states that the results were notified on the website on 15 June 2014 and after the first round of counselling which took place 24 June 2014, the results of candidates who did not qualify, were deleted. However, it has been stated that a candidate can access only his or her result of the Common Entrance Test. The Court has been informed that counselling for the Scheduled Caste and Scheduled Tribe candidates took place on 23 July 2014 and since the petitioner had not secured the minimum qualifying marks, she was not selected for admission. In order to obviate any charge that admissions have not been granted on merit or as the case may be, merit inter se in the case of the reserved category candidates, it is necessary for the third and fourth respondents to ensure that the results and ranking of all the candidates who appear at the Common Entrance Test are duly uploaded on the website immediately after the results are declared. Moreover, a candidate should be able to access the results and ranking of all the candidates in the published list. This is necessary for a candidate to verify whether any candidate with lesser marks has been admitted to the course. The results of those candidates who have not secured the minimum qualifying marks can be displayed separately. It would, therefore, be necessary in future that the result is published on the website so as to ensure due transparency in the admissions' process and that admissions are made on the basis of merit and in terms of the applicable norms and guidelines. In the present case, since the petitioner has not secured the minimum qualifying marks, no relief can be granted to her individually.;


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