Case Note & Summary
The petitioners, six in-service medical officers working as General Duty Medical Officers in Karnataka, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging Notification dated 11.03.2015 issued by the State Government. This notification amended Rule 5A of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical, Dental Degree and Diploma Courses Rules, 2006, which governed the weightage marks to be added to the entrance test scores of in-service candidates seeking admission to postgraduate medical courses. The amendment was made after the entrance examination for PGET-2015, conducted by the National Board of Examinations (NBE), had been held between 01.12.2014 and 06.12.2014, results declared on 15.01.2015, and a provisional select list published on 18.02.2015 on the basis of the existing Rule 5A. Under the existing rule, 4 marks for each completed year of service beyond five years were added to the entrance test marks, subject to a maximum of 30 marks. The impugned amendment substituted this with 2% of the maximum marks of the entrance examination for each completed year of service beyond five years, subject to a maximum of 15% of the maximum marks. Consequently, the inter se merit of in-service candidates was significantly altered. A second provisional list was issued on 16.03.2015, and a final select list on 20.03.2015. Petitioners contended that changing the rule after the selection process had commenced was arbitrary, illegal, and violated the principle that rules of the game cannot be changed after the game has begun. They also alleged that the amendment was designed to benefit candidates with lower entrance scores but longer service. The State justified the amendment on the ground that the examination pattern had changed, with total marks increasing from 800 in the previous year to 1500 in the current year, and that the weightage percentage remained unchanged at a maximum of 15%. The State also argued that any interference would upset the admission schedule filed before the Supreme Court. On 26.03.2015, the High Court granted an interim order staying the operation of the notification and all further proceedings. The State filed an application to vacate the stay. After hearing arguments, the Court reserved judgment on 31.03.2015 and pronounced its order on 10.04.2015. The text of the order is incomplete but indicates that the Court continued the interim stay and addressed the vacating application.
Headnote
A) Education Law – Post Graduate Medical Admissions – Validity of Mid-Selection Amendment to Weightage Provision – Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical, Dental Degree and Diploma Courses Rules, 2006, Rule 5A – In-service medical officers challenged notification dated 11.03.2015 that changed weightage from fixed marks (4 marks per year beyond 5 years, max 30) to percentage of maximum marks (2% per year, max 15% of total) after examination results were declared, resulting in alteration of merit list – State contended change was due to increase in total marks from 800 to 1500, maintaining same effective percentage – Court stayed the operation of the impugned notification on 26.03.2015 pending disposal of writ petition, and State applied for vacating the stay, contending need to adhere to admission schedule as per Supreme Court directions – Held, interim stay continues (Paras 2-16).
Issue of Consideration
Whether the amendment to Rule 5A of the Karnataka Conduct of Entrance Test for Selection and Admission to Post Graduate Medical, Dental Degree and Diploma Courses Rules, 2006, made on 11.03.2015 after the commencement of the selection process, is valid and whether it arbitrarily alters the merit list of in-service candidates
Law Points
- rules of game cannot be changed after selection process begins
- in-service candidate weightage must be consistent and not arbitrary
- selection must adhere to Supreme Court schedule
