CW 4243/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.4243/2010 Anju Meena & Anr Versus CBSE & Ors Date of Order ::: 14/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mrs Manju Jain, for petitioners Mr. Virendra Lodha, for respondent-1 (CBSE) Under interim order dt.30/03/2010 petitioners were permitted to appear in All India Pre-Medical/Pre-Dental Entrance Test, 2010 and result of their participation was kept in sealed cover. After perusal of their result, matter was required to be heard on merits. Petitioners have challenged Clause 8 (iii) of the Information Bulletin All India Pre-Medical/Pre-Dental Entrance Test, 2010 (Ann.2) issued by respondent-1 for holding Entrance Test, 2010. Counsel submits that limited Three attempts having been provided by respondent-CBSE is wholly arbitrary and in violation of Art.14 of the Constitution. Counsel further submits that in Rajasthan Pre- Medical Entrance Test, there is unlimited number of attempts provided; and the students ultimately join MBBS/BDS courses on the basis of their performance in Entrance Test and only from All India Pre-Medical/Pre-Dental Entrance Test, 2007, scheme of providing Three limited chances has been introduced. Counsel CW 4243/10 //2// further submits that both the petitioners belong to Scheduled Tribe category and benefit of relaxation in age has been granted to them, in such circumstances they are also entitled for more than three attempts; as such impediment of limited three attempts provided under Cl.8(iii) of the Scheme of All India Pre-Medical Entrance Test is arbitrary and deserves to be set aside. Respondent-CBSE has filed counter affidavit wherein it has been inter-alia averred that provisions of limited three attempts were introduced for the first time in the year 2007 and the petitioners on having availed of those three attempts in the years 2007, 2008, & 2009 were found to be unsuccessful and it was made aware of that they would get only three attempts; as such they cannot now be permitted to question Cl.8 (iii) of the Scheme at such a belated stage. It has further been averred that in the present All India Pre-Medical/Pre Dental Entrance Test, 2010, 1,56,516 candidates were registered for entrance examination; however, 146230 appeared in the examination held in April, 2010; and 582 candidates having already availed of three attempts submitted their forms, who were declined permission by rejection of their forms and the petitioners were also among them. Counsel for respondent-CBSE submits CW 4243/10 //3// that Cl.8(iii) impugned herein has already been examined by High Court of Delhi and taking assistance of judgment rendered by Division Bench of Delhi High Court, Counsel further submits that what has been urged by counsel for petitioner does not require any further interference and that too at such a belated stage. This Court has considered rival contentions of Counsel for parties; and with their assistance examined material on record. It is not in dispute that Clause under the Scheme of Entrance Test, impugned herein provides only limited three attempts. Cl.8 (iii) being relevant reads ad infra: 8. Eligibility & qualifications: (iii) The number of attempts which a candidate can avail at All India Pre-Medical /Pre-Dental Entrance Examination shall be limited to 3 (three) uniformly for all the candidates.” Indisputably, ceiling of three attempts for appearance in All India Pre-Medical/Pre-Dental Entrance Examination was introduced for the first time in the year 2007 and both the petitioners availed of three attempts in the years 2007, 2008, & 2009. That apart, they were well aware of the fact of ceiling of three attempts under the Scheme right from the initiate stage of its introduction in the year 2007; and after availing of three attempts, CW 4243/10 //4// while being declared unsuccessful therein, instant petition has been filed assailing such ceiling impugned at such a belated stage. Submission claiming parity with RPMT where there is no ceiling of attempts for appearance in Entrance test is of no substances for the reason that All India Pre- Medical Entrance Test and Rajasthan Pre- Medical Entrance Test are set out on different standards having no comparison to each others. Cl.8(iii) impugned herein has been examined by High Court of Delhi , where the Division Bench has finally affirmed ad infra: “8. We find merit in the reasoning advanced by the learned Single Judge that the appellant was waware since the year 2007 of having only 3 opportunities to take the examination in question. We also find merit in the reasoning of respondent No.3 to restrict 3 opportunities as the maximum to every candidate. This ensures homogeneity and similarity of mindset in the classroom and it is desirable that students should by and large belong to a common age group. 9. Policy decisions, needless to state are within the domain of the policy makers and unless manifestly arbitrary, Courts would be slow to interfere and interdict at an interim stage. 10. We are conscious of the fact that lakhs of students take the CW 4243/10 //5// examini9nation in question and it becomes extremely difficult to arrange for an admit card and permit a candidate to take the examination at the fag end.” Submission made that the petitioners being members of Scheduled Tribe are given benefit of relaxation in age; as such are also entitled for relaxation in grant of more than ceiling of three attempts, is also of no substances for the reason that a number of attempts provided to applicants in Pre-medical Entrance test in no manner co-relates with relaxation in age to reserved category. Taking note of material on record and decision of Delhi High Court, this court does not find any infirmity in the policy decision impugned herein. Consequently, the writ petition being without merit is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p5/ 4243CW2010May14DsCBSEPMT.doc