ORDER

1. These special leave petitions are by the Convenor of the MBBS/BDS Selection Board of the State of Orissa and arise out of the common judgment and order dated 16-12-1993 of the High Court of Orissa in a batch of writ petitions.

From the Judgment and Order dated 16-12-1993 of the High Court of Orissa, Cuttack in OJC Nos. 6126, 7333-34, 7358, 7397, 7532, 7570, 7589, 7600, 7749, 7887, 8242, 8249, 8259, 8275, 8284, 8511 and 8593 of 19932. The matter pertains to the conduct of examinations for the selection of candidates for admission to the MBBS/BDS courses commencing from the academic year 1993-94. The entrance examinations were held on 22-8-1993.

3. The grievance of the writ petitioners before the High Court was that some of the objective-type questions in the entrance examination contained patently incorrect propositions and the key-answers on which the valuation of those questions proceeded were manifestly, scientifically and verifiably fallacious.

4. The broad tests guiding the exercise of Courts jurisdiction in such academic matters are indicated in the pronouncement of this Court in Kanpur University v. Samir Gupta.

5. The High Court on an appreciation of the matter and after application of the relevant and requisite tests felt persuaded to the view that the correctness of the key-answers should be examined by a body of experts and, accordingly, constituted an Expert Committee of five persons. This is stated to have been done with the consent of the parties.

6. On the recommendations made by the Expert Committee, the High Court found that eight of the key-answers were inaccurate and incorrect and that, consequently, the valuation of the answer-scripts based on such defective key-answers would not reflect the true merit of the candidates as intended to be tested on the basis of the objective-type test and that admissions based on such selections would tilt the merit. The learned Judges of the High Court, if we may say so with respect in a well-considered opinion expressed their anguish at the insensitivity of the authorities administering medical admission in the State to the need to prevent occasions for repetitive grievances from the student community and had occasion to observe:

"Shakespeare in Othello has written Chaos is come again. This Court has witnessed.1 chacs almost annually when time for admission to MBBS/BDS courses came....

There is unanimity amongst the petitioners, the opposite parties and the intervenors that the manner in which the examination has been conducted, questions have been set and key answers indicated leaves much to be desired."

7. The High Court allowed the writ petitions and directed revaluation of the answer scripts of all the candidates who were likely either to be affected or benefited by the revaluation of the answer scripts on the basis of the correct key-answers as recorded by the Expert Committee respecting the said eight questions. The High Court also directed the Chief Secretary of the State to enquire into the matter and submit a report to the High Court as to the circumstances under which such controversies were allowed to arise. The High Court directed :

"We are of the view that the reason for which the examining body has failed to perform its duties properly leading to numerous controversies needs to be investigated. We direct the Chief Secretary of the State to enquire into the matter and submit a report to this Court within three months from today so that the matter can be further looked into to find out the remedy. This, however, shall not stand on the way of the opposite parties in carrying out our directions contained hereinbefore."

8. What happened subsequently at the instance of the authorities in charge of the medical admissions in the State is as unedifying as it is disquieting. These special leave petitions were instituted by the Convenor of the Admission Committee against the judgment of the High Court. On 11-2-1994, at the instance and prayer of the Convenor, this Court ma