Patna High Court - Orders
Dinesh Yadav vs The State Of Bihar & Ors on 14 May, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9659 of 2018
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Dinesh Yadav, son of Chandeshwar Singh Yadav, resident of Flat No.-C/610,
Jyoti Puram Apartment, Jagdeo Path More, Bailey Road, P.S.-Shastrinagar,
District-Patna, Pincode-800014.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Bihar Combined Entrance Competitive Examination Board, through
its Chairman, Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Y. V. Giri, Senior Advocate
Mr. Pranav Kumar
Mr. Sumit Kumar Jha
Mr. Mrityunjay Kumar Tiwary
For the respondent no. 3 to 5 : Mr. Prasoon Sinha
For the Respondent/s : Mr. Pankaj Kumar, SC-12
Mr. Manoj Kumar AC to SC-12
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 14-05-2018It is the claim of the petitioner that he had secured 225 marks out of 1200 in NEET-PG-2018, in the result published by the National Board of Examination. The petitioner could not qualify, 281 being the cut-off marks fixed for SC/ST/OBC candidates for becoming successful. In the NEET-PG-2018 rank card issued in respect of petitioner as against his NEET rank "withheld" had been mentioned.
Subsequently, the National Board of Examination appears to have revised the minimum qualifying percentile. Initially the eligibility criteria was 48 percentile in NEET-PG- 2018, with cut-off score of 281, which has been brought down Patna High Court CWJC No.9659 of 2018(2) dt.14-05-2018 2/5 to 25th percentile with score of 225. This decision of the National Board of Examination is said to have been taken on 27.04.2018. The petitioner has brought on record a copy of the letter, dated 01.05.2018, written by the Deputy Director, National Board of Examination, addressed to all the Directors/Director Principals Counselling Authorities, Directorate of Medical Education of All State Government, intimating them that the National Board of Examination would have no objection if the candidates who had not been issued NEET-PG-2018 rank and have scored equal to or more than the revised cut-off score, are allowed to participate in the counselling to be conducted by the concerned State, subject to fulfillment of eligibility criteria.
Tomorrow i.e. 15.05.2018, is the date fixed for MOP- UP round of counselling to be held by the Bihar Combined Entrance Competitive Examination Board (hereinafter referred to as "BCECEB"). For a candidate to be allowed to participate in counselling, certain data are required to be made available to the BCECEB by the State Government. Unless the said data/information are made available by the State Government to the BCECEB, a candidate cannot be allowed to participate in counselling. Keeping in view the decision of National Board of Patna High Court CWJC No.9659 of 2018(2) dt.14-05-2018 3/5 Examination to bring down the percentile and cut-off marks, on the basis of online application filed by this petitioner and few others, a request has been made by the Officer-on-Special-Duty, BCECEB to the Principal Secretary, Department of Health, Government of Bihar, requesting him to send the required data in respect of the petitioner and few others for the purpose of counselling.
The grievance of the petitioner is that if the data is not immediately made available to BCECEB, he will be losing a chance to participate in the process of counselling, though he is eligible for the same.
This writ application was filed today in the morning and mention for urgent listing of the case was made. Considering the urgency of the matter, the case was notified to be taken up at 3:30 p.m. I have heard Mr. Prasoon Sinha, learned counsel appearing on behalf of the BCECEB and Mr. Manoj Kumar, learned AC to SC-12.
Apparently, because of lack of time and urgency of the matter, the respondents have not been given any opportunity to file their counter affidavits. However, I find, on the basis of the pleadings on record that a prima facie case is made out in Patna High Court CWJC No.9659 of 2018(2) dt.14-05-2018 4/5 favour of the petitioner in the light of the decision taken by the National Board of Examination.
Accordingly, while allowing the respondents time till 18th May, 2018, to file their counter affidavits, I make the following interim order:-
(I). Let the Principal Secretary, Health Department, Government of Bihar, take a decision on communication of the Medical Board of Examination, dated 01.05.2018 (Annexure-5).
The Court expects that the decision is taken today i.e. 14.05.2018, if it is possible. If the decision is not to be taken before the counselling begins tomorrow i.e. 15.05.2018, in any case, the required data must be made available by the State respondents to BCECEB, so as to allow the petitioner to participate provisionally in the process of counselling tomorrow i.e. 15.05.2018.
I am not making any observation on the merits of the case. The opinion which I have formed is only tentative in nature. The BCECEB shall be at liberty to consider the eligibility of the petitioner to participate in the process of counselling and thereafter, if found eligible, allow him to participate in the process of counselling provisionally.
List this case, under the same heading, on 18.05.2018. Patna High Court CWJC No.9659 of 2018(2) dt.14-05-2018 5/5 Let a copy of this order be handed over to Mr. Prasoon Sinha, counsel for the BCECEB. Let a copy of this order be also sent to Principal Secretary, Health Department, Government of Bihar, forthwith.
(Chakradhari Sharan Singh, J) Ashish/-
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