ORDER

1. LEAVE GRANTED.

2. IT IS A VERY UNFORTUNATE LITIGATION WHERE STUDENTS COMPETING TO GET ADMISSION IN MEDICAL AND OTHER PROFESSIONAL COURSES HAVE TO LITIGATE AMONGST THEMSELVES. NONE OF THE STUDENTS CAN, HOWEVER, BE BLAMED FOR THE LITIGATION COMMENCED IN THE HIGH COURT AND WHICH HAS COME UP TO THIS COURT BY WAY OF THE PRESENT PETITIONS AS ALSO THE EARLIER PETITIONS FILED BY GURU NANAK DEV UNIVERSITY (FOR SHORT "THE APPELLANT UNIVERSITY") CHALLENGING THE INTERIM ORDERS THAT HAD BEEN PASSED BY THE HIGH COURT. IF ANYONE IS RESPONSIBLE FOR THE PRESENT STATE OF AFFAIRS, IT IS THE APPELLANT UNIVERSITY ALONE.

3. THE PUNJAB MEDICAL ENTRANCE TEST WAS CONDUCTED BY THE APPELLANT UNIVERSITY ON 30-6-2005. ABOUT 10,000 STUDENTS APPEARED IN THE SAID TEST. THE RESULTS WERE DECLARED ON 2-7-2005. THERE WERE 200 QUESTIONS IN THE OBJECTIVE FORM - 50 EACH FOR PHYSICS, CHEMISTRY, BOTANY AND ZOOLOGY. THERE WERE MULTI-CHOICE ANSWERS; FOUR OPTIONS WERE AVAILABLE TO THE STUDENTS. THEY HAD TO OPT FOR ONE CORRECT ANSWER FROM A TO D.

4. AFTER DECLARATION OF THE RESULTS, WRIT PETITION WAS FILED BY SOME OF THE STUDENTS, INTER ALIA, ALLEGING THAT THE KEY ANSWERS TO 21 QUESTIONS WERE INCORRECT. THE HIGH COURT APPOINTED THE CENTRAL BOARD OF SECONDARY EDUCATION (FOR SHORT "CBSE") TO EXAMINE THE CORRECTNESS OF KEY ANSWERS OF THE SAID 21 QUESTIONS. AGAINST THE ORDERS PASSED BY THE HIGH COURT SO DIRECTING IN TERMS OF ITS ORDERS DATED 18-7-2005 AND 22-7-2005, THE APPELLANT UNIVERSITY FILED SPECIAL LEAVE PETITIONS BUT, FOR THE PRESENT PURPOSE, IT IS NOT NECESSARY TO GO INTO THOSE ASPECTS SINCE THE HIGH COURT HAS FINALLY DECIDED THE MATTER AND THESE APPEALS ARE AGAINST THE FINAL JUDGMENT OF THE HIGH COURT.

5. CBSE GAVE A REPORT TO THE HIGH COURT OPINING THAT TEN KEY ANSWERS OUT OF THE 21 REFERRED WERE INCORRECT. THE HIGH COURT, ON CONSIDERATION OF THE ENTIRE MATTER, BY THE IMPUGNED JUDGMENT, CAME TO THE CONCLUSION THAT KEY ANSWERS IN RESPECT OF ALL THE 200 QUESTIONS DESERVE TO BE RE-EXAMINED. THE HIGH COURT WAS, HOWEVER, OF THE OPINION THAT IT IS NOT NECESSARY TO CANCEL THE ENTIRE ENTRANCE TEST. NONE HAS SERIOUSLY CONTENDED BEFORE US THAT THE ANSWER TO THE PROBLEM LIES IN CANCELLATION OF THE ENTIRE ENTRANCE TEST FOR OBVIOUS REASONS THAT CANCELLATION AT THIS STAGE WOULD AFFECT ALL THE STUDENTS WHO HAD APPEARED IN THE SAID TEST. THE HIGH COURT HAS DIRECTED BY THE IMPUGNED JUDGMENT THAT ALL KEY ANSWERS SHALL BE EXAMINED BY ANY INDEPENDENT AGENCY AND THE ANSWERS GIVEN BY THE STUDENTS REVALUATED ON THE BASIS OF A REPORT AS TO CORRECT KEY ANSWERS PROVIDED BY THE SAID AGENCY. ACCORDINGLY, THE CHAIRMAN, CBSE WAS REQUESTED TO, ON APPOINTMENT OF EXPERTS, EXAMINE THE KEY ANSWERS. THE FURTHER DIRECTION ISSUED BY THE HIGH COURT IS THAT THE APPELLANT UNIVERSITY MAY ALSO NOMINATE ONE EXPERT FOR EACH OF THE AFORESAID FOUR SUBJECTS TO ASSIST THE EXPERTS NOMINATED BY THE CHAIRMAN, CBSE. LIKEWISE, THE PETITIONERS BEFORE THE HIGH COURT HAVE ALSO BEEN GIVEN LIBERTY TO NOMINATE ONE EXPERT IN EACH SUBJECT TO ASSIST THE EXPERTS NOMINATED BY THE CHAIRMAN, CBSE. FURTHER DIRECTION OF THE HIGH COURT IS THAT IN CASE OF DIFFERENCE OF OPINION I.E. WHEN AT LEAST THREE EXPERTS HAD NOT EXPRESSED THE SAME OPINION, THE QUESTION ITSELF SHALL BE CANCELLED. THE HIGH COURT HAS ALSO DIRECTED THAT THE REVISED/CORRECTED ANSWER KEY WOULD BE BASED ON THE MAJORITY VIEW EXPRESSED IN RESPECT OF EACH QUESTION.

6. THE UNIVERSITY IS IN APPEAL ON GRANT OF LEAVE. WE HAVE ALSO BEFORE US BOTH SETS OF STUDENTS - ONE, STUDENTS WHO SUPPORT THE UNIVERSITY IN THEIR CHALLENGE TO THE DIRECTIONS CONTAINED IN THE IMPUGNED JUDGMENT, AND TWO, THE STUDENTS WHO SUPPORT THE IMPUGNED DIRECTIONS FOR RE-EXAMINATION OF THE KEY ANSWERS IN RESPECT OF ALL 200 QUESTIONS. THE HIGH COURT HAS ALSO ISSUED DIRECTIONS FOR APPROPRIATE ACTION TO BE TAKEN AGAINST THOSE WHO ARE B RESPONSIBLE FOR THE ENTIRE CONFUSION AND THE MESS. THE HIGH COURT HAS ALSO ISSUED DIRECTIONS FOR FIXING RESPONSIBILITY ON THE PAPER-SETTERS AND THOSE WHO HAVE BEEN VESTED WITH