Negative marking to apply for SC-STs in med entrance
Vijay Pratap Singh Posted: May 21, 2010 at 0227 hrs
Allahabad The Allahabad High Court has quashed the Uttar Pradesh
government's order cancelling negative marking in the post-graduate
medical entrance exam for SC, ST students.
On Thursday, the court issued directions to hold fresh counselling,
which, it said, should not take into account the government circular
dated April 6, 2010, by which negative marking for SC/ST candidates
was cancelled after declaration of results, because there were not
enough candidates for reserved seats.
The circular had ordered the Director General of Medical Education to
add the marks deducted through negative marking only for SC/ST
The result of the entrance exam was declared on March 4 and the
counselling was to begin from April 11. But the government circular
came five days before the counselling was to begin.
Justice Dilip Gupta passed the order on a petition of Hemant Kumar
Maurya and others, who had challenged the government circular.
The petitioners had appealed that candidates belonging to reserved
categories who secured less than 40 per cent marks not be allowed — as
prescribed by the Medical Council of India.
The court observed that the number of questions a candidate may
attempt in a multiple choice format depends largely on whether
negative marking applies. In case of negative marking, a candidate
attempts only those questions where he is sure of the answer.
Otherwise, a candidate attempts all questions.
"The negative marking, therefore, has a direct effect on the number of
questions a candidate may attempt and so it is necessary for the
authority to make it known to the candidates before the examination
whether there will be negative marking or not and if a decision for
negative marking has been taken prior to the holding of the
examination, such a decision cannot be altered after the examination
is held," said the court.
It added: "If the system of negative marking is dispensed with after
the exam is held, the examination will stand vitiated and cannot be
considered valid for determination of the academic merit of
candidates. For this reason alone, the circular dated 6th April, 2010
deserves to be set aside."
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