S.C.AGARWAL, J. - (1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner, Shri Jalam Singh, is seeking a writ of mandamus to quash the examinations for the Pre -Medical Test (hereinafter referred to as 'the PMT Examination') which was held in November, 1980 for selecting suitable candidates for admission to the Medical Colleges in the State of Rajasthan.
(2.) IN the State of Rajasthan, there are live Medical Colleges run by the State, at Jaipur, Jodhpur, Udaipur, Bikaner and Ajmer. Admission to the said Medical Colleges is made by selecting the suitable candidates on the basis of the results of the PMT Examination, which is conducted by the University of Rajasthan for and on behalf of the Government of Rajasthan. For the purpose of conducting the PMT Examination in the year 1980, the University of Rajasthan had published a scheme for the PMT Examination, whereby, the distribution of marks in the various papers in Physics, Chemistry, Biology and English was prescribed and the syllabus for the aforesaid subjects was also prescribed. For the purpose of selection the merit is determined on the basis of the marks obtained in Physics, Chemistry and Biology papers. The petitioner had appeared at the PMT Examination in the year, 1980 and he secured 166 marks in the aforesaid three papers. The petitioner was, however, not selected for admission to any of the Medical Colleges and he has, therefore, moved this writ petition, wherein, he has submitted that the provisions contained in the scheme as well as the syllabus issued by the University of Raj., were not followed in certain aspects in the Physics, Chemistry and Biology papers, and as a result of the said departures in the said papers from the scheme as well as the syllabus, the right of the petitioner under Article 14 of the Constitution of India, has been violated. The petitioner has, therefore, prayed that a writ of mandamus may be issued against the non -petitioners, viz. the University of Rajasthan and the State of Rajasthan, directing them to quash the examinations of PMT, 1980, held in the month of November, 1980 and to reconduct the same after properly following the provisions contained in the syllabus. The writ petition has been contested on behalf of the non -petitioners, and a reply to the writ petition has also been filed on behalf of the University of Rajasthan, non -petitioner No. 1. In the said reply, an objection has been raised that on the basis of the results of the impugned PMT Examination, the successful candidates have been interviewed and the selected candidates have already been given admission to the MBBS Course in the different Medical Colleges in Rajasthan, and that the aforesaid successful candidates, who have been given admission on the basis of the result of the impugned PMT Examination, are necessary parties to the writ petition and since they have not been impleaded as parties in the writ petition, no relief so as to quash the entire PMT Examination held in November, 1980, can be granted. In the said reply filed on behalf of the University of Raj. it has also been stated that the scheme of the examination issued by the University of Rajasthan only contains instructions for the guidance of the candidates and for the University, and that they do not have any statutory force and the breach of the said conditions cannot afford a ground for chellenging the examinations held under the said scheme. The University of Rajasthan has further asserted that directions had given to the examiners that in cases where it was found that the papers were not fully in accordance with the scheme, published by the University, the examiners should see that no prejudice was caused to the candidates and that, therefore, it cannot be said that the petitioner has suffered any prejudice on account of any departure from the scheme in the matter of setting the question papers and that it cannot be said that the rights of the petitioner under Article 14 of the Constitution of India had been violated.
(3.) I have heard Shri M.L. Shrimali, the learned Counselfor the petitioner; Shri N.N. Mathur, the learned Counselfor the University of Rajasthan; and Shri Rajesh Balia, the learned Deputy Government Advocate for the State.;