- (1.) Five individual citizens of our country have joined together as co-petitioners and have taken out the instant writ petition praying, inter alia, for the following reliefs: "a) Writ in the nature of Mandamus commanding the respondents to cancel, rescind, set aside for hear and/or quash the entire examination of W.B.P.G.MAT examination 2010 and the result declared thereto and to further declare to conduct a fresh examination; b) Writ in the nature of Mandamus commanding the respondents to declare that the examination of W.B.P.G.MAT 2010 is void ab initio and to cancel, set aside the results published thereto; c) Writ in the nature of Mandamus commanding the respondents to forthwith conduct and conclude the enquiry (Annexure P-5) and to take such steps to hold fresh examination forthwith; d) Writ in the nature of Mandamus directing the respondents to consider the representations (Annexure P3 series) and to dispose of the same by passing a reasoned and speaking order after giving an opportunity of hearing to the petitioner and to communicate the decision thereto; e) Writ in the nature of certiorari directing the respondents to produce, submit, authenticate all the relevant records, papers and/or documents before this Hon'ble Court so that conscionable justices may be rendered upon hearing all the parties."
(2.) It has been stated in the writ petition that the writ petitioners are qualified doctors, having MBBS degree and aspire to upgrade their qualification by opting for either M.S. or M.D. Degree. For the said purpose, all of them appeared in West Bengal Post Graduate Medical Admission Test Examination, 2010 (hereinafter referred to as the said examination). IT has been specifically stated that the said examination was held on 24, January, 2010, which comprised of objective tests along with multiple choice questions. Mr. Ashis Sanyal, learned Advocate representing the writ petitioners submits that the writ petitioners were not aware of negative marking in the said examination in the absence of clear and unambiguous instructions in that respect from the West Bengal University of Health Sciences (hereinafter referred to as the said University which conducted the same examination. Mr. Sanyal has also contended that as soon as the result of the said examination was published on 13th February, 2010, the same was withdrawn for reasons best known to the University and was once again published on 14th February, 2010, upon revision. It is specifically contended by the learned Advocate for the writ petitioner that a notification issued by the Vice-Chancellor of the University, dated 15th February, 2010, would go show that there were serious irregularities and discrepancies in conducting of the said examination by the University authorities and the said notification is an attempt by the University to gloss over the matter by appointing three-member committee who are not independent authorities, but are part and parcel of the University. This committee has been formed by the Vice-Chancellor merely to cover the University's own laches. He further submits that in the facts and circumstances of the case, the counselling, which has already been started since yesterday, may be stayed by this Court pending final hearing of the writ petition. On the other hand, Mr. Balai Chandra Roy, learned Advocate General of the State of West Bengal, representing the West Bengal University of Health Sciences submits that it is not a fact that the writ petitioners, or for that matter the other examinees, were not aware of the negative marking. In this regard, he hands-up a copy of the 'Information Booklet' published by the West Bengal University of Health Sciences relating to Rules for Admission to Post-Graduate Degree and Diploma Courses in Modern Medicine, for the year 2010. The learned Advocate General invites this Court's attention to Rule 3.3 of the said Rules which reads as follows: "For each correct response, four (4) marks will be awarded. One (1) mark will be deducted for each wrong answer. More than a single response to any question will be treated as wrong response. No marks will be deducted for questions not attempted."
(3.) He submits that the Information Booklet and the rules provided thereunder were available to all the examinees and they could not have filled-up the application forms without at first going through the Information Booklet carefully and acquainting themselves with the same. In this context, he also refers to Appendix-Ill of the Information Booklet which provides the guidelines for submission of an application by a candidate who wanted to appear in the said examination. HE relies specifically on guideline No. 2, wherefrom it appears that the candidates will, first of all, have to visit the University website through internet and are thereafter required to go through the relevant Information Booklet carefully and acquaint themselves with all requirements regarding filling in the application form. This guideline also indicates the non-refundable amount that the candidates are required to pay in favour of the West Bengal University of HEalth Sciences. The Information Booklet handed-up by the learned Advocate General for the State of West Bengal, be kept on record.;