CM letter – MCI’s rule of minimum qualifying marks in medical entrance examination that is for Gen category 50%, SC/ST/OBC 40% – ultra vires by Gauhati High court

To

Smt. Mamata Banerjee

Hon’ble Chief Minister and Minister-in-charge, Health & Family Welfare Department, Government of West Bengal, Nabanna, 325, Sarat Chatterjee Road, (8th Floor),  Shibpur, Howrah – 711102.

Sub : MCI’s rule of minimum qualifying marks in medical entrance examination that is for Gen category 50%, SC/ST/OBC 40% -  ultra vires by Gauhati High court

Respected madam,

With due respect and humble submission I like to draw your kind attention  regarding following matter :

In 2011, few Schedule Caste & Schedule Tribe students of Tripura made an appeal at Gauhati High Court that Medical Council of India’s eligibility criterion for minimum qualifying marks for MBBS aspirants is impractical and unconstitutional. They filed a writ petition at Gauhati High Court in the context that they had not secured minimum qualifying marks 40%, hence they were restrained to admit in MBBS course in spite of  vacant  reserved category seats.

The Writ Petition vide no WP(C) No. 354/2011 was filed at Gauhati High Court challenging the Medical Council of India’s eligibility criterion for MBBS aspirants in entrance examination. The Gauhati High Court has given verdict on 21.09.2011 that Medical Council of India’s eligibility criterion for MBBS aspirants as per Regulation 5(5)(ii) is ‘irrational and in violation of Article 14 of the Indian Constitution’.

           Afterwards, Tripura Joint Entrance Board is not obeying the Medical Council of India’s min. eligibility criterion for MBBS entrance exam. They didn’t follow the min. eligibility criterion for the academic session 2012-13 [attach files - ii), iii), & iv) ] and 2013-14 and also in current session no minimum qualifying marks in entrance test. In 2012, all appeared students of different categories were came in the merit list for admission in academic session 2012-13 and all of them were called for counseling in medical as eligible candidates.

In state of Tamilnadu, the MBBS seats are filled on the basis of marks held in CBSE 10+2 or eqvt. exam. For General category minimum 50% in science group and for reserved category min 40% in science group are considered as minimum qualifying marks for admission to MBBS course.

In our state, to appear for WB Joint Entrance exam the HS / eqvt. exam students must have to fulfill the MCI’s rule he /she has to obtain minimum 50% in science group in aggregate (Gen) and minimum 40% in science group in aggregate (reserved category).

We see that while the Tripura Joint Entrance Board are not following the MCI’s minimum qualifying marks rule, the state of Tamilnadu following MCI’s rule of CBSE 10+2/eqvt. qualifying marks. Likewise, Bharati Vidyapeeth’s (BVP) University has declared that in BVP CET Medical 2014 Cutoff will depend such as availability of seats, number of applicants, and difficulty level in the entrance examination.

In 2008 AIPMT (Prelim) exam the cut off pass mark was announced in 32.5% marks for Gen Category violating MCI’s minimum qualifying mark. In the same year, students obtaining even less than 50% of total marks in AIPMT (final) Exam have got chances to admit in MBBS course.

Throughout the past 14 years it is seen that ST students of West Bengal are not qualifying the WBJEE in sufficient numbers to fill the reserve seats for ST category. For total 122 state quota reserved seats in medical for ST category, only 10-14 students qualify in each year. Majority of ST doctors feel comfortable to return to their own place like villages in Bankura, Purulia, Jungle-Mahal etc. Further, in academic session 2012-13, there remained 63 SC quota medical seats vacant in different Medical Colleges due to lack of qualifying students.

In WBJEE 2012, the Medical Entrance question papers were easy, instead there remains 63 reserved quota seats vacant due to lack of qualifying students. In JEM 2014, Physics question paper is extremely tough and others are also hard. The value of one medical seat is more or less 70-80 lakh. It is very unfortunate to left such valuable seats vacant in plea of lack of qualifying students in entrance as per MCI rule though aspirants appearing the entrance fulfilling the MCI’s criteria of min. obtained marks in HS/ 10+2 level.

As per recent order of Hon’ble Supreme Court of India, Medical entrance Boards have to enlist 3 times number of students in respect of seats in different category.

Many state quota seats in Private Medical Colleges will remain vacant due to lack of qualifying students and Private Medical Colleges will take advantage of this. The Private Medical College will take a entrance test of their own and will admit the vacant state quota seats at high price.

Hence you are requested to issue an order so that the WBJEE Board can prepare the merit lists of JEM 2014 for admission in medical with 3times number of students as per available seats in respective categories.

WBJEE 2014 entrance result will be published by 10th June, 2014. So take necessary action as early as possible.

Thanking you,

With best regards ,

Yours sincerely

Dr. A. K Maity,   Director                            Dated-15/05/2014

Dr. Maity Educational and Medical Research Institute Pvt. Ltd

515/1 Lake Gardens ,Kolkata-700045, Ph. No. 9143159986 /9830173422

E.mail : drmaity_rainbow@rediffmail.com

Enclo copy of – i) judgment & order Writ Petition vide no WP(C) No. 354/2011  ii) Notification(Merit list) -2012 iii) Result of Tripura JEE – 2012 iv) Counseling of all eligible candidates of Tripura Joint Entrance Examination-2012

Copy to :

1. Mr.Bratya Basu, Minister-In-Charge,Department of Higher Education Government West Bengal Bikash Bhavan, saltLake city,  Salt Lake, Kolkata – 700 091

2.  Minister-in-Charge, Government of West Bengal, Backward Classes Welfare Department Writers’ Buildings, Kolkata – 700 001

3. Smt. Chandrima Bhattarcharjee, Hon’ble Minister-of-State, Health & Family Welfare Department, Government of West Bengal

4.The Principal Secretary, Govt. of West Bengal, Health & Family Welfare Dept, Swasthya Bhavan, saltLake city, GN-29, Sector-V, Salt Lake, Kolkata – 700 091

5 The Principal Secretary , Government of West Bengal, Backward Classes Welfare Department Writers’ Buildings, Kolkata – 700 001

6. Director of Medical Education (DME), Govt. of West Bengal, Health & Family Welfare Dept, Swasthya Bhavan, saltLake city, GN-29, Sector-V, Salt Lake, Kolkata – 700 091 2357-5101, Fax:2357-7938

7. The Chairman, West Bengal Joint Entrance Examination Board, AQ-13/1, Sector – v, Salt lake city, Kolkata – 700 091

8. Vice- chancellor , prof. Amit  Banerjee,  The West Bengal University of   Health Sciences  DD-36, sector-1, salt lake, Kolkata-700064

9. Member Secretary , West Bengal Joint Entrance Examination Board, AQ-13/1, Sector – v, Salt lake city, Kolkata – 700 091

 10. Dean, faculty of modern medicine,  Prof. Plaban Mukherjee, The West Bengal University of Health Sciences  DD-36, sector-1, salt lake, Kolkata-700064

Ranking methodology & Rules for Tie Breaking :

In WBJEIEM-2014, there will be three separate merit lists : (i) Engineering, (ii) Medical and (iii) Pharmacy (not applicable to Jadavpur University).

The merit list for successful candidates in the Engineering category will be prepared by listing them in the descending order of the total marks scored by them. However, there may be ties and such ties will be broken by sequentially applying the following set of rules :

1. Less negative marks in Mathematics, Physics and Chemistry taken together

2. More positive marks in Mathematics and Physics taken together

3. More positive marks in Mathematics and Chemistry taken together

4. Less negative marks in Mathematics and Physics taken together

5. Less negative marks in Mathematics and Chemistry taken together

6. More positive marks in Mathematics for only the 2 marks questions

7. More positive marks in Physics for only the 2 marks questions

8. More positive marks in Chemistry for only the 2 marks questions

9. Less negative marks in Mathematics for only the 2 marks questions

10. Less negative marks in Physics for only the 2 marks questions

11. Less negative marks in Chemistry for only the 2 marks questions

 

The merit list for successful candidates in the Medical category will be prepared by listing them in the descending order of the total marks scored by them. However, there may be ties and such ties will be broken by sequentially applying the following set of rules :

 

1. Less negative marks in Biology, Physics and Chemistry taken together

2. More positive marks in Biology and Chemistry taken together

3. More positive marks in Biology and Physics taken together

4. Less negative marks in Biology and Chemistry taken together

5. Less negative marks in Biology and Physics taken together

6. More positive marks in Biology for only the 2 marks questions

7. More positive marks in Chemistry for only the 2 marks questions

8. More positive marks in Physics for only the 2 marks questions

9. Less negative marks in Biology for only the 2 marks questions

10. Less negative marks in Chemistry for only the 2 marks questions

11. Less negative marks in Physics for only the 2 marks questions

For Pharmacy course at Jadavpur University, the merit list of Engineering will be considered. For Pharmacy (other than Jadavpur University), a separate merit list will be prepared. The list will be prepared as per the descending order of the total marks scored by them in Physics, Chemistry and Mathematics or Biological

Sciences, whichever is greater (to be treated as 3rd subject). However, there may be ties and such ties will be broken by sequentially applying the following set of rules :

1. Less negative marks in 3rd subject (Mathematics/Biology), Physics and Chemistry taken together

2. More positive marks in 3rd subject (Mathematics/Biology) and Physics taken together

3. More positive marks in 3rd subject (Mathematics/Biology) and Chemistry taken together

4. Less negative marks in 3rd subject (Mathematics/Biology) and Physics taken together

5. Less negative marks in 3rd subject (Mathematics/Biology) and Chemistry taken together

6. More positive marks in 3rd subject (Mathematics/Biology) for only the 2 marks questions

7. More positive marks in Physics for only the 2 marks questions

8. More positive marks in Chemistry for only the 2 marks questions

9. Less negative marks in 3rd subject (Mathematics/Biology) for only the 2 marks questions

10. Less negative marks in Physics for only the 2 marks questions

11. Less negative marks in Chemistry for only the 2 marks questions

In generation of the Engineering, Medical and Pharmacy merit lists, if after applying the 11 rules stated above there are still ties, same will be broken by the date of birth (DOB) of the concerned candidates; the older candidate will be given preference over the younger one.

TIMES OF INDIA

CM pledges help to med student

TIMES NEWS NETWORK  06-08-2013

Kolkata: Sanat Bapari could see a ray of hope on Monday, thanks to a TOI report that gave an account of his financial crisis that nearly forced him to give up his dream of studying medicine.

Bapari cracked the medical entrance exam and got admitted to Malda Medical College this year, but did not know if he could afford to continue with the MBBS course. Seeing the TOI report on Monday, chief minister Mamata Banerjee asked her officers to get in touch with him so that she could provide the required support from the CM’s relief fund.

The CMO contacted Bongaon SDO Abhijit Bhattacharya, asking for Bapari’s details. The SDO immediately sent officials to Bapari’s home to verify the facts and collect his documents.

Bapari had taken admission to the BVSc course in 2012, too, but had to drop out due to financial crunch. Now he is much relieved as he was uncertain of being able to pay for his hostel accommodation and the tuition fees at Malda Medical College.
“The officials from the CMO wanted all details about Bapari so that he can get a scholarship. We have told him to submit all the documents needed for that,” said Bhattacharya.
A CMO official said the chief minister provides support to poor students and for that, they are now short-listing candidates. “We’d be happy to know about more such poor but meritorious students who deserve scholarship,” he said.
    Dr A K Maity of Rainbow who guided Bapari for the medical entrance exam was surprised at the quick response from the CMO. “If the CM is so proactive, Bengal’s condition will surely improve,” he said.

Bapari has, however, already got the first-year MBBS books from Dhanwantary Foundation. Raju Khandelwal of the foundation has promised him all financial help. After reading the TOI report, a top lawyer also wants to sponsor him.
“I have been much relieved ever since the SDO’s men told me about the help promised by the CM. The SDO will meet me on Wednesday,” said Bapari.

 

 

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