BANGALORE: While 16 students who are seeking a stay on the show-cause notice annulling their ranks in the postgraduate common entrance test (PGCET) 2006 were denied an interim order on Tuesday, three other students whose plea came up before another judge were granted interim relief.

They had challenged the constitution of a committee to go into allegations of malpractice in the examination conducted by the Rajiv Gandhi University of Health Sciences, the issue of show-cause notice to them and the annulment of their ranks.

In the Karnataka High Court, Justice N.K. Patil rejected petitions by 16 students, and Justice Ananda Byre Reddy stayed the operation of the show-cause notice on a petition by three students.

Justice Reddy passed an ex parte order staying the show-cause notice and adjourned further hearing of the case.

Justice Patil also rejected an interim order sought by the petitioners seeking to restrain the State Government from taking further action after issuing the show-cause notice of April 16. Some of the petitioners had assailed the Government Order of March 13 and the constitution of the committee. The petitioners, all students who had appeared for the PGCET 2006, said the constitution of the committee was without jurisdiction as the Government had no powers under the Karnataka Conduct of Entrance Test for Admission to Postgraduate Medical and Dental Seats in Government Colleges Act.

They said the Government should communicate the inspection report of any committee to the University Syndicate. This was not done. Moreover, the committee had come up with a report in which it had indicted 21 students for malpractice. However, the Government had decided to proceed against 16 students. They said that if the interim prayers were not granted, they would suffer as the counselling for PG seats was to be held later this month.

Advocate-General Uday Holla had opposed the grant of interim prayer. He cited a Supreme Court judgment where the court had not granted relief to students in an examination where malpractices were suspected to have been committed.The court noted that some of the petitioners who had made more than one attempt to clear the qualification examination had obtained "unprecedented high marks in the PGCET".

It said that in this case, "inference can be drawn that the student had used unfair means, and these are purely academic matters which should be thrashed out at the academic stage by experts". Justice Patil said the petitioners had not made out any sufficient grounds for grant of interim order.

Bail petition

The Karnataka High Court on Tuesday posted to Thursday a petition for bail by Ananda, one of the accused in the Gownipalli murder case.

The court posted for Thursday a petition by former Speaker of the Legislative Assembly and Srinivasapura MLA Ramesh Kumar seeking extension of the stay on proceedings in the same case against him.

Justice Subash B. Adi posted both matters for Thursday after he was told that they were connected.

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