RAJVEER SHEKHAWAT Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-9-4
HIGH COURT OF RAJASTHAN
Decided on September 11,2014

Rajveer Shekhawat,Vishakha Jain Appellant
VERSUS
STATE OF RAJASTHAN,The Rajasthan University of Health Sciences Respondents

JUDGEMENT

Sangeet Lodha, J. - (1.) BY way of these writ petitions, the petitioners have questioned legality of the result of Rajasthan Pre Medical Test -2014 (Re -examination) [for short 'RPMT -2014(RE)'] conducted by the respondents. The petitioners while questioning the correctness of certain questions and/or the answers thereof declared by the respondents by way of publishing the revised Answer Key, have prayed that the respondents be directed to constitute a committee of experts preferably, the experts of Central Board of Secondary Education (CBSE) to examine the disputed questions and till the final report in this regard is submitted by the committee, the process of counseling of the selected candidates be kept in abeyance. It is further prayed that if any provisional/final list is issued pursuant to the counseling undertaken, the same may be quashed and set aside. The petitioner -Vishakha Jain has prayed that she may be declared successful in RPMT -2014(RE) by treating her answers to the specified questions as correct.
(2.) THE background facts in nutshell are that the respondent -Rajasthan University of Health Sciences conducted RPMT -2014 in six slots from 28th to 30th of May, 2014. The candidates who could not qualify, approached this court by way of writ petitions with a prayer that the aforesaid examination conducted by the respondent -University be declared illegal and the respondents be directed to hold fresh examination. Another set of writ petitions were preferred by the candidates who were declared successful, seeking directions to the respondents to adhere to the time schedule for admission as originally notified and refrain from cancelling the whole examination. During the pendency of the said writ petitions, the State Government constituted a committee of experts to look into the grievances raised. After due consideration of the report submitted by the committee and other relevant aspects, vide order dated 17.6.14, the State Government decided to hold fresh examination. The writ petitions preferred were decided by Jaipur Bench of this court vide order dated 26.6.14, whereby the process of examination of RPMT -2014 and the result thereof declared by the respondent -University on 5.6.14 was declared illegal, unconstitutional and violative of Article 14 of the Constitution of India and was accordingly, quashed and set aside. The decision of the State Government to hold RPMT -2014 afresh was upheld and the respondents therein were set at liberty to hold RPMT -2014 afresh, on the basis of the application forms already received, with the permission of the Hon'ble Supreme Court to suitably modify the calender of the said examination laid down vide order dated 19.5.14 passed in Writ Petition (Civil) No. 737/2013 -Lipika Gupta and Anr. vs. Union of India & Ors., so as to complete the admission process by 30.9.14. Accordingly, the State of Rajasthan preferred an application before the Hon'ble Supreme Court to suitably modify the calender of the said examination laid down vide order dated 19.5.14 in Lipika Gupta's case (supra). The application was allowed by the Hon'ble Supreme Court vide order dated 2.7.14 and the State of Rajasthan was permitted to issue notification on or before 5.7.14, conduct the examination on or before 27.7.14 and declare the result of the qualifying/entrance examination on or before 1.8.14. The State of Rajasthan was permitted to approach the Hon'ble Supreme Court for fixing the dates and time for admission immediately thereafter.
(3.) IN compliance of the directions issued by the Hon'ble Supreme Court as aforesaid, the respondents published the notification dated 4.7.14 for conducting RPMT -2014(RE) on 27/28.7.14. The examination was conducted accordingly.;


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