NAMITA AGARWAL AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2015-12-64
HIGH COURT OF RAJASTHAN
Decided on December 09,2015

Namita Agarwal And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

M.N. Bhandari, J. - (1.) By these writ petitions, a direction is sought for admission to the petitioners in the MBBS Course based on the letter of allotment dated 30th September, 2015.
(2.) Learned counsel submits that in pursuance to the entrance test, namely, PCPMT, the petitioners appeared in the selection test followed by result. The petitioner could not pass the entrance test to get admission in the MBBS course but on a litigation by other candidates, this Court passed a judgment on 29th September, 2015 giving liberty to Mehrishi Dayanand Saraswati Medical College (for short "MDS University") to remove negative marking for assessment of result. It was neither provided in the prospectus nor in the advertisement. The candidates appeared in the selection were not knowing about negative marking. They were surprised to get result with negative marking, thus was challenged with the prayer for declaration of result again by removing negative marking. It is taking into consideration the pattern of the examination of other examining bodies. It was found that other examining bodies did not follow negative marking system. This Court gave liberty to the University to declare the result afresh after removing negative marking.
(3.) The litigation remain pending in the Court for service of notice on the respondents and even to seek reply of respondents. It could be decided only on 29th September, 2015. The revised result was declared by the University on the same day followed by counselling by the Association on 30th September, 2015. As per the time Schedule given for admission in MBBS Course, last counselling need to be made before 15 days from the last date for admission. It was in exceptional circumstances that counselling took place on 30th September, 2015 wherein the petitioner(s) was also called after revision of result. She was found eligible and allotted NIMS Medical College at Jaipur. The counselling was held at Udaipur and petitioner's turn came at 4.00 PM, thus she could not reach to Jaipur on the same day before 5.00 PM. She reached to Jaipur and appeared before the NIMS Medical College on 01st October, 2015 along with fee. It was not accepted by the college as the last date for admission was 30th September, 2015.;


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