M.Y.EQBAL, J. - (1.) IN this writ application the short question that falls for consideration is as to whether the decision of the respondent State in relaxing the cut off/qualifying marks fixed by the Medical Council of India for Scheduled Castes/ Scheduled Tribes candidates for the purpose of admission in the medical colleges is justified.
(2.) PETITIONERS who are the General and OBC category candidates appeared in the Joint Entrance Competitive Examination, 2005 for admission in the MBBS Courses in different medical colleges in the State of Jharkhand. Petitioners ' case is that, according to the Rules of Medical Council of India in order to qualify the examination, general category candidates must have to secure 50% marks in Physics, Chemistry and Biology. However, so far candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes categories are concerned, they have to secure minimum 40% marks in all the subjects. By advertisement No. 23/05 dated 17.6.2005 respondent No. 4, Controller of Examination, Jharkhand Combined Entrance Competition Examination Board, Ranchi issued a direction for counselling group -wise of those candidates who were declared successful. Notwithstanding, the cut off marks fixed as aforesaid, candidates belonging to ST/SC/OBC Groups having lesser marks than the qualifying marks of 40% have also been permitted to appear in the counselling. The grievance of the petitioners is that due to relaxation in the cut off marks given to the reserved category candidates, they may not get chance for admission in the MBBS Courses. The Examination Board in their counter -affidavit have stated that the Department of Health, Education and Family Welfare vide letter dated 5.5.2005 directed the Board to follow the norms fixed by the Medical Council of India in respect of the qualifying marks for the purpose of admission in different medical colleges. However, the Government vide letter dated 23.6.2005 withdrew the above letter and requested the Board to publish the result as previous year where there were no minimum fixed qualifying marks. Accordingly. Counselling was held and was completed on 16.7.2005 and names were recommended to different medical colleges for admission.
(3.) THE Department of Health and Family Welfare, Govt. of Jharkhand in their counter -affidavit took the stand that the Jharkhand Entrance Examination Board decided to fix cut off marks on the basis of the regulation of the Medical Council of India i.e., 50% marks for General Category and 40% marks for reserved category candidates. On that basis results were published but only two (2) Schedule Tribe category candidates against 38 seats earmarked for them and four (4) Scheduled Tribes candidates against 15 seats earmarked for them came out successful. This was communicated by the Controller of Examination of the Board. Since there was no mention of the facts regarding cut off marks in the prospectus and it was also found that till last year the students secured less than the qualifying marks were admitted in MBBS Courses, the Govt in all fairness decided to follow the criteria adopted till last year and will enforce the regulation from the next year after giving proper publicity of the facts in the prospectus. On the basis of this decision, counselling was conducted on 15.7.2005 and 16.7.2005 and the students belonging to the SC/ST category have been admitted in three different medical colleges of the State.;