M.N.BHANDARI, J. - (1.) IN all these writ petitions, a common question has been raised pertaining to Rajasthan Pre -P.G. Medical/Dental Examination -2009 and looking to the urgency shown by the learned Counsel for the petitioners and as agreed by the learned Counsel for the respondent, the matter was heard finally.
(2.) THE petitioners appeared in the Rajasthan Pre -P.G. Medical/Dental Examination -2009. In the question paper of this examination, one question was pertaining to the registration of death and it was asked whether it is to done within 5 days, 7 days, 14 days or 21 days. All the petitioners attempted that question and answered it to be 21 days. For ready reference, the question is quoted hereunder: Q. Registration of death is done with in (a) 5 days (b)7 days (c) 14 days (d) 21 days After completion of the entrance examination, the respondents published the key answer book giving '(b) 7 days' to be correct answer of the aforesaid question. The petitioners immediately made a representation to the University giving out that as per the amendment made in the provisions in the year 2000 itself, now the registration of the death is done within 21 days and for that purpose, Rajasthan of Birth and Death Rules, 2000 (for short, the Rules of 20000 was produced and Rule 5 of the aforesaid Rules is quoted hereunder: 5. Form etc. for giving information of births and deaths - (1) The Information required to be given to the Registrar under Section 8 or Section 9, as the case may be shall be in Form No. 1, 2 and 3 for the Registration of a birth, death and still birth respectively, hereinafter to be collectively called the reporting forms, information if given orally shall be entered by the Registrar in the appropriate reporting forms and the signature/thumb impression of the information obtained. (2) The information referred to in Sub -rule (1) shall be given within twenty one days from the date of birth, deaths and still birth.
(3.) THE respondents realizing their mistake made a reference of the aforesaid issue to a committee and the committee gave opinion that the correct answer of the aforesaid question is 21 days and accordingly recommendation was made. The respondent University instead of acting on the recommendation of the first committee, made a reference to another committee which would be hereinafter called as second committee. The second committee gave opinion that as per the Park's Text Book of Preventive and Social Medicine authored by K. Park 19th Edition 2007 at page 693 para 2, registration of death is done within 7 days and referring to the aforesaid book, an opinion was given that the Part's Text Book appears to be correct. The recommendation of the second committee has been quoted in the reply to the writ petition submitted by the University and for ready reference, the same is quoted hereunder also: That the Park's text book of Preventive & Social Medicine authored by the K. Park 19th Addition 2007 in page 693, para No. 2 narrates the time limit for registering the event of death is 7 days. After reviewing the literature available the committee members are of the opinion that the time limit as given in park's text book appears to be correct that any event of death be registered within a period of seven days. The question came up for determination by this Court is as to whether the answer of the question is 21 days as otherwise provided under the Rules of 2000 or it should be reckoned pursuant to the Park's text book. Learned Counsel appearing for the respondents though initially made an argument in reference to the recommendation of the second committee, but then agreed that answer is required to be judged as per statutory provisions existing and not as per the text book containing wrong provisions, thereby the recommendation of the first committee was indirectly approved. This seems to be a fair act of the learned Counsel for the respondents and needs to be appreciated. It is now in the aforesaid background, the present matter is required to be decided.;