MBBS/BDS admission: HC directs to file counter affidavit

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Allahabad, Nov 28 (UNI) Non-transparency in the process of admission to MBBS/BDS has emerged as a contentious issue before the Allahabad High Court in a writ petition filed by a candidate who was aspiring to get admitted in MBBS course for the session 2008-09.

The bench of Justice Sabhajit Yadav today taking a serious view of the matter, has directed the University to file the counter affidavit latest by 3rd December, and has fixed 8th December, for final disposal of the writ petition. On the said date, either the matter would be finally disposed or the provisional admission of the candidate shall be considered.

Appearing on behalf of the petitioner, it was pointed out by senior counsel S M A Kazmi, assisted by Ms Tahira Kazmi that the University of Aligarh is consistently indulging in a non-transparent process of admission, which is evident from the fact that neither the merit list, nor the cut off marks are notified in the matter of admission.

Similarly, the key answer sheets are also not made available even after the completion of the examination. The petitioner, Asma who happenes to be a brilliant student, appeared in the month of May for the admission test to MBBS/BDS course. Much to her dismay, she was not in the list of successful candidates. Being extremely sure of her good performance, her parents sought the disclosure of the key answer sheet as well as the copy of the answer sheet of the objective test. The Versity as per the tradition declined.

Her Parents went to highest channel for seeking the information namely the National Information Commission of India where after a contentious battle National Information Commissioner ordered for the supply of the required materials within a period of two weeks by the University, which was eventually supplied in the month of ctober.

The key answer sheet of the University on being perused revealed that at least 10 to 15 answers given in the key answer sheet were incorrect and if the correct answers given by the petitioner in respect of the said question are accepted, she will fall in the zone for consideration in the admission.

Thorough research made on the questions was reflected from the fact that the answers given by the student were supported by the text books as well as the opinions of the experts. On this foundation, the counsel further relied upon the judgement of the Supreme Court reported in AIR 1984, SC 1402, which lays down the law that of the answer of the paper setter supplied by the University is not correct answer, the student cannot be penalised for giving the correct answer and cannot be deprived of his right to admission for the wrong committed by the University.

The preliminary objection raised regarding the maintainability by Ms S Agarwal, the counsel for the University was declined to be accepted by the Court and the Court passed the order calling upon the University to file the counter affidavit by 3rd December, and further ordered that on 8th December the matter be fixed for final disposal. On the said date, the Court will also consider the provisional admission of the student.

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