Bhushan Sharma vs UT Chandigarh and Others

Rakesh Kumar Jain, J.—Four writ petitions were decided by this Court with the leading case, namely, CWP No. 17928 of 2013 on 27.9.2013 in which four questions arising out of the facts and circumstances were decided. The present application has been filed with the grievance that there was one more question involved in CWP No. 18184 of 2013 in which the applicant had filed CM No. 12658 of 2013 for becoming an intervener/co-petitioner, has not been decided.

Notice in the present application namely, RA No. 384 of 2013 was issued and the parties agreed that instead of recalling the detailed order passed in CWP No. 17928 of 2013, which has already been implemented by the respondents, the 5th question which is sought to be raised may be decided separately.

In brief, the applicant passed the NEET exam with 410 marks and the Chandigarh State Rank of 245. He raised the issue of inter se merit based on the mandate of Rule 16 of the NEET (UG)-2013.

Rule 16.2 and 16.4 are reproduced as under:--

16.2 Merit list for seats under state quota:

Based on the information in respect of State Code of Eligibility and Domicile filled in by the candidate in the application form, the CBSE will prepare state level merit lists of successful Candidates on the basis of the score obtained by the students of each state in the NEET Examination. The list of successful candidates from each State/UT shall be forwarded to the Directorate of Medical Education of the State/UT concerned for the purpose of allotment of seats by online counselling/personal appearance subject to applicable laws prevailing in the State/UT.

16.4 The inter-se-merit of candidates for tie-breaking:

In case of two or more candidates obtaining equal marks in the NEET, the inter-se-merit of such candidates shall be determined in order of preference as follows:

(a) Candidates obtaining higher marks in Biology (Botany & Zoology) in the NEET.

(b) Candidates obtaining higher marks in Chemistry in the NEET.

(c) Candidates with less number of attempted wrong answers in all the subjects in the NEET.

(d) Candidates older in age to be preferred.

On the other hand, learned counsel for the respondent has submitted that in case of a tie, the admission criteria laid down in the Centralized Admission Brochure for four colleges in Chandigarh has to be followed, which reads as under:--

ADMISSION CRITERIA:--

(i) Admission will be made strictly on merit for all categories of candidates. A separate merit list for each category will be prepared based on the marks obtained in NEET- 2013 conducted by CBSE, New Delhi. The result of NEET, ipso facto, does not entitle a candidate to get admission. For BHMS the merit shall be based on CET.

(ii) In the event of a tie in the marks obtained in NEET, (CET for BHMS) a candidate getting higher percentage of total marks in the qualifying (10+2) examination in the subjects of Physics, Chemistry & Biology/Biotechnology shall rank higher and if the marks in (10+2) examination in the said subjects are also the same, then the candidate older in age shall rank higher.

Thus, the question involved is whether the NEET criteria or criteria of the admission brochure would apply?

Learned counsel for the applicant has submitted that in the Information Bulletin of NEET (UG)-2013, it was categorically provided that "An All India merit list and State wise merit list of the qualified candidates shall be prepared on the basis of the marks obtained in the National Eligibility-cum-Entrance Test and candidates shall be admitted to MBBS/BDS courses from the said list only by following the already existing Reservation Policies. All admission to MBBS/BDS courses within in the respective categories shall be based solely on marks obtained in the National Eligibility-cum- Entrance Test."

It is further submitted that it was provided as an important information in the result card that in case of two or more candidates obtaining equal marks in the NEET, the inter-se-merit of such candidates has been determined as per Rule 16.4 of the Information Bulletin of NEET (UG)-2013.

On the other hand, learned counsel for the respondents, while relying upon the admission criteria laid down in the Centralized Admission Brochure meant for four colleges in Chandigarh, has submitted that it is provided that qualifying in NEET does not confer any right in admission in Medical/Dental Colleges. Selection of qualified candidates in NEET-UG-2013 for admission to Medical Dental Colleges is subject to merit position and satisfying the admission criteria as laid down in the rules of Central Government/State Government/Universities/Institutions.

Since all the admissions have been made in the Four Colleges of Chandigarh on the basis of admission criteria of the Central Admission Brochure for MBBS/BDS/BAMS/BHMS in Government Medical College & Hospital, Sector 32, Chandigarh, Dr. Harvansh Singh Judge Institute of Dental Sciences, Sector 25, Chandigarh, Shri Dhanwantry Ayurvedic College & Hospital, Sector 46-B, Chandigarh and Homoeopathic Medical College & Hospital. Sector 26, Chandigarh, the admission criteria of the brochure has to be followed which provide that result of NEET, ipso facto, can not entitle a candidate to get admission as the admission criteria laid down by the State has to be satisfied. It is categorically provided in the Central Admission Brochure that in the case of tie in the marks obtained in NEET, the candidate getting higher percentage of total marks in the qualifying (10+2) examination in the subjects of Physics, Chemistry & Biology/Biotechnology shall rank higher and if the marks in (10+2) examination in the said subjects are also the same, then the candidate older in age shall rank higher. For the reasons recorded hereinabove, the question posed by the applicant as to whether the NEET criteria or the criteria of the admission Brochure of the State would apply, is answered to the effect that the criteria of the admission Brochure of the State would apply. The review application is, thus, accordingly decided.