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1996 Supreme(AP) 367

Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY
Rajesh Kumar - Appellant
Versus
Registrar, University of Health Sciences, Vijayawada - Respondent
Decided On : 04-24-96

Headnote:

ENTRANCE EXAMINATION - POST GRADUATE MEDICAL COURSES - CONDUCT OF EXAMINATION - FRAMING OF QUESTIONS AND FIXATION OF KEY ANSWERS - ARBITRARINESS - JUDICIAL REVIEW - SCOPE - ESTOPPEL - UNIVERSITY OF HEALTH SCIENCES, A. P. - HELD, THERE IS NO FLAW, LEGAL OR OTHERWISE COMMITTED BY THE UNIVERSITY OF HEALTH SCIENCES, A. P. IN THE CONDUCT OF ENTRANCE EXAMINATION TO THE POST GRADUATE MEDICAL COURSES FOR THE YEAR 1995-96.

Fact of the Case:

Batch of writ petitions relating to admission to Post Graduate Medical courses. Entrance examination was conducted on 9-7-1995. Results were declared on 8-10-1995. Admissions were not finalized even after declaration of results. Petitioners challenged the validity of some questions after declaration of results.

Finding of the Court:

1. There is no flaw, legal or otherwise committed by the University of Health Sciences, A. P. in the conduct of Entrance examination to the Post Graduate Medical courses for the year 1995-96. 2. Whenever students answer a question, they are estopped to contend that the question was not having a definite answer. 3. Henceforth the University of Health Science, AP. conducting examinations shall frame questions with only one answer i. e. , thenearest and shall not frame any questions having more than one answer. 4. The University of Health Sciences, A. P. shall within 15 days from the date of the recipt of this order conclude the process of admitting the students to the Post-graduate medical Courses for 1995-96 as per the procedure.

Issues: 1. Whether there is any flaw, legal or otherwise committed by the University of Health Sciences, A. P. in the conduct of Entrance examination to the Post Graduate Medical courses for the year 1995-96? 2. Whether students are estopped to contend that the question was not having a definite answer? 3. Whether the University of Health Science, AP. conducting examinations shall frame questions with only one answer i. e. , thenearest and shall not frame any questions having more than one answer? 4. Whether the University of Health Sciences, A. P. shall within 15 days from the date of the recipt of this order conclude the process of admitting the students to the Post-graduate medical Courses for 1995-96 as per the procedure?

Ratio Decidendi: 1. The University of Health Sciences did not commit any arbitrariness in either framing the questions or the answers. There is sufficient and valid basis in the conduct of the examination by the said University including the framing of the questions and fixation of key answers and there is no element of any arbitrariness. 2. Petitioners answered the questions and are estopped from contending otherwise. 3. In order to avoid litigation, the University of Health Science, AP. conducting examinations shall frame questions with only one answer i. e. , thenearest and shall not frame any questions having more than one answer.

Final Decision: Writ petitions and Contempt case are disposed of. No costs. Fees of Mr. K. G. K Prasad, Standing Counsel for the Health University is fixed at Rs. 1000/- in each of the cases.

B. SUBHASHAN REDDY, J.

( 1 ) UNLIKE past, when only legal questions were presented before the courts for adjudication - the courts now are flooded not only with legal questions, but several other issues like, political, economical and even academic, apart fromother umpteen problems unrelated strictly to the process of judicial review, but dressed up as legal issues and presented for judicial review. these cases relate to such dressed up issue relating to academic problem Butthe court knows where to draw line even stretching the power of judicial review to the extent possible in the context of changing situations and yet limit to the parameters.

( 2 ) THIS batch of writ petitions relate to the admission to Post Graduate Medical courses. As is not unusual, this batch cropped up with the entrance examination conducted to the said courses on 9-7-1995. It has become almost an annual fearure of filing cases relating to entrance examinations. Seeing thespate of litigation time and again as asequel to the entrance examination every year without exception, may give a feeling that the old policy of admissions basing on the merit in the qualifying examination has to be revived. Of course, that is not the concern of this Court to decide and it is for the Government and Academicians to ponder.

( 3 ) THE entrance examination was conducted on 9-7-1995. It is ununderstandable as to why the University had to take a time of full three months and declare the results only on 8-10-1995. I see no reason or justification for such an abnormal delay in declaration of results, more so, in acase of entrance examination like this, where the questions are objective in nature and with ready made key answers and it should in no event take more than two weeks to declare the results; of course, if the academicians have got a will to do so. It is a different thing, if, for thinking process some time is consumed, but absolutely there is no thinking process involved in the instant case for the reasons already mentioned supra that it is with a crisp questions of objective type with key answers already prepared and what all to do is to verify whether the answers offered by the students conform to the key answers. If it is yes, marks are allotted, otherwise, not. Another intriguing factor is not finalising the admissions even after the delayed declaration of results on 8-10-1995. Even though litigation was pending in this court, there was no stay of process of admission and that is why some students have filed W. P. Nos. 25475 and 28067 of 1995 and what is more, this Court had to compel the University of Health Sciences to issue a direction in W. P. No. 28067 of 1995 to go ahead with the selection process, but not to finalise the same, by order dated 29-12-1995 and the Contempt Case No. 6 of 1996 was initiated complaining of non-compliance of the said directives issued by this Court.

( 4 ) NOW, what is the conduct of the writ petitioners in W. P. Nos. 25111, 25119 and 28312 of 1995, in which a challenge is made with regard to the questions framed. the questions framed are 200 in number carrying one mark each. It is said that about 7000 students participated in the entrance examination and it is needless to mention that all these students had already acquired MBBS qualification and they were competing for admission to post graduate medical courses. It is not that all the 7000 students are assailing the entrance examination either on the ground of quality of the questions or correctness of the key answers. Very small fraction of students complained to this court that while Regulation 10 of the examination Rules prescribe MBBS standard, the standard was much more man that, that some questions had no definite answers, some questions were having doubleanswers and that key answers offered to some questions were wrong. It was not demonstrated before me by any of the learned counsel for the petitioners to substantiate their contentions excepting adverting to the pleading re












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