Case Note & Summary
The petitioners, Dr. Omkar Pratap Kulkarni and others (in WP 2323/2015) and Dr. Sneha Ratanlal Peswani (in WP 2347/2015), filed writ petitions before the Bombay High Court challenging the Notification dated 27.2.2015 issued by the State of Maharashtra and the Director of Medical Education and Research. The notification declared the Revised Provisional Result of the Post Graduate Medical Common Entrance Test (PGMCET) 2015 and the Rank List/Final Merit List based on that result. The petitioners sought to quash the notification and prayed that the earlier Notification dated 30.1.2015 and the calendar mentioned in the Information Brochure be followed. The petitions were filed on 3.3.2015, and the court issued notice on 11.3.2015, directing the respondents to file an affidavit in reply but not granting interim relief. The respondents filed their reply on 24.3.2015, resisting the petitions and stating that the impugned notification was prepared after considering objections raised within the prescribed period of 9.2.2015 to 12.2.2015. The petitioners' counsel argued that the respondents had entertained objections filed after 12.2.2015, which was contrary to the prescribed schedule. However, the court noted the positive averments in paragraph 6 of the respondents' affidavit, which stated that objections were only entertained during the prescribed period and that representations submitted after that period were not considered. The court found no merit in the petitioners' submissions and dismissed both petitions, upholding the impugned notification.
Headnote
A) Administrative Law - Examination Results - Time-Bound Objections - The court considered whether the revised provisional result of PGMCET-2015 was based on objections filed beyond the prescribed period of 9.2.2015 to 12.2.2015. The respondents' affidavit stated that objections were entertained only within the prescribed period, and the court accepted this assertion. Held that no case is made out to interfere with the impugned notification (Paras 1-3).
Issue of Consideration
Whether the impugned Notification dated 27.2.2015 revising the provisional result of PGMCET-2015 was based on objections filed after the prescribed period (9.2.2015 to 12.2.2015) and therefore liable to be quashed.
Final Decision
Both writ petitions dismissed. No order as to costs.
Law Points
- Administrative Law
- Natural Justice
- Time-Bound Objections
- Judicial Review of Examination Results
