IMPORTANT POINT
When in bilingual examination it is made clear that in case of any ambiguity the English version should be referred; awarding 4 grace marks for each mistranslated question in Tamil is arbitrary.

Headnote:Medical education – NEET-UG examination – Questions in English and their translation in 13 regional languages including Tamil – CBSE making it clear that in case of ambiguity, English version should be referred – More over language of MBBS and BDS teaching is English - 49 questions wrongly translated in Tamil – High Court directing awarding 4 grace marks for each mistranslated question – Steps being taken to minimize such mistakes – However, in case of ambiguity English version must be referred – Impugned judgment held arbitrary – From the year 2019-20 onwards the NEET-UG Examination directed to be conducted by the National Testing Agency (NTA). (Para 17, 18, 20, 22)
       (2005) 13 SCC 749 – Relied upon
       (1983) 4 SCC 309 – Distinguished
       Facts of the case:
       In a writ petition filed by the students, who had taken the examination for NEET-UG in the regional language of Tamil, the High Court of Madras noticed certain mistranslations in the Tamil version for the questions and answers in 49 questions. The High Court decided that nearly 24,000 students who took the examination in Tamil are entitled to four grace marks for each incorrectly translated question therefore, each of these students are entitled to a total of 196 grace marks, (i.e., 49 x 4).
       The result is obviously an unprecedented awarding of marks to a certain section of students who opted for the examination in Tamil, thus securing them higher marks than all the other type of students irrespective of their actual performance in the examination. The problem arises because of the bi-lingual system of the examination.
       Finding of the Court:
       Impugned judgment is arbitrary.
       Result: Appeals allowed.

JUDGMENT

S.A. BOBDE, J.

1. Leave granted.

2. One of these appeals is preferred by the Central Board of Secondary Education (CBSE) and the rest are filed by students who have appeared in National Eligibility-cum-Entrance Test-UG (for short ‘NEET-UG’), 2018 and have taken the exam in English. This test is conducted according to the regulations framed under the Indian Medical Council Act, 1956 and the Dentists Act, 1948.

3. The questions in the NEET-UG, 2018 paper consists of 180 objective type questions. Bi-lingual questions were set for this examination in English with an option of an additional regional language. The correct answer to the questions presented in the exam is one of the four options offered for each question. Each correct answer carries four marks and each incorrect answer results in the deduction of one mark.

4. In a writ petition filed by the students, who had taken the examination in the regional language of Tamil. The High Court of Madras noticed certain mistranslations in the Tamil version for the questions and answers in 49 questions. The High Court decided that nearly 24,000 students who took the examination in Tamil are entitled to four grace marks for each incorrectly translated question therefore, each of these students are entitled to a total of 196 grace marks, (i.e., 49 x 4).

5. The result is obviously an unprecedented awarding of marks to a certain section of students who opted for the examination in Tamil, thus securing them higher marks than all the other type of students irrespective of their actual performance in the examination. The problem arises because of the bi-lingual system of the examination.

6. Out of 13,23,672 lakh students, who appeared for the examination, approximately 10.5 lakh took it in English, approximately 1.5 lakh opted for regional languages and of these about nearly 24,000 candidates took the examination in Tamil language.

7. The dispute in the present case concerns these 24,000 students only who have been benefited by the High Court’s order and have been awarded 4 marks for the 49 questions each irrespective of their actual answers.

8. The genesis is as follows – Owing to nation wide increasing demand that the NEET examination should also have the option of a regional language, the CBSE introduced question papers in 13 languages, i.e. English and 12 regional languages. In the year 201718, apparently, two sets of questions papers were set. One in English and the other in the regional languages. This examination was challenged since it was believed that the objective of the common entrance test cannot be fulfilled if the questions are different. The matter came up before this Court. The CBSE justified the method adopted by it as the principle of equivalent difficulty. This Court in Writ Petition (C) No.390 of 2017 vide order dated 25.01.2018 observed as follows: -

We are disposed to think that it would be appropriate for CBSE the questions papers set in English, Hindi or any other regional languages should be the same. It shall facilitate the student’s community to choose the language they intend to adopt to answer the questions and in that event the principle of uniformity shall be appositely maintained for all the categories of students. When there is appropriate translation, the identity and uniformity of the question papers will be in the realm of certainty. We have been apprised that it is difficult to translate certain areas in regional languages pertaining to medical terms. In such circumstances, it shall be within the domain of the experts to use the medical terms as they are.”

This would help the students to choose the language they adopt for answering the questions and there would be uniformity for all categories of students, i.e., those opting to answer in English and those opting to answer in a regional language. In turn, the CBSE decided and stated before this Court that the pattern of the NEET-UG, 2018 examination as regards to language would be as follows:-

“(c)

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2018 Supreme(SC) 1154

IMPORTANT POINTWhen in bilingual examination it is made clear that in case of any ambiguity the English version should be referred; awarding 4 grace marks for each mistranslated question in Tamil is arbitrary.

Cases Referred (2)

IMPORTANT POINT
When in bilingual examination it is made clear that in case of any ambiguity the English version should be referred; awarding 4 grace marks for each mistranslated question in Tamil is arbitrary.