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1991 Supreme(AP) 442

Andhra Pradesh High Court
Judges : M.N.RAO, P.L.N.SHARMA
S.S.Sudhakar, Minor, rep.by his natural father and guardian, Mr.S.Nagabhushana Rao - Appellant
Versus
Convenor, EAMCET, J.N.T.U., Hyderabad - Respondent
Decided On : 10-10-91

The court emphasized the importance of prescribed textbooks for Intermediate course and EAMCET to ensure clarity and consistency in the examination process.

Headnote:

{'KEYWORD': 'ENTRANCE TEST', 'SUBJECT': 'MEDICAL AND ENGINEERING COLLEGES ADMISSION', 'ACT SECTION LIST': 'ANDHRA PRADESH EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND PROHIBITION OF CAPITATION FEE) ACT, 1983 (ACT NO. 5 OF 1983)'}

Fact of the Case:

Petitioners challenged the results of the Andhra Pradesh Engineering and Medical Common Entrance Test (EAMCET) held in June 1991, alleging errors in the answer key for certain questions.

Finding of the Court:

The court examined the disputed questions and found that the answers provided in the key were correct based on the standard textbooks and scientific principles.

Issues: 1. Whether the answers provided in the EAMCET answer key were correct. 2. Whether the absence of prescribed textbooks for the Intermediate course and EAMCET caused confusion and inconvenience to students.

Ratio Decidendi: 1. The court held that the answers provided in the EAMCET answer key were correct based on the standard textbooks and scientific principles. 2. The court found that the absence of prescribed textbooks for the Intermediate course and EAMCET caused confusion and inconvenience to students and directed the State Government to issue directions to the A. P. Board of Intermediate Education to prescribe textbooks for the Intermediate course with effect from the academic year 1992-93.

Final Decision: All the writ petitions were dismissed, subject to the direction to the State Government to prescribe textbooks for the Intermediate course.

P. L. N. SARMA, J.

( 1 ) AS all these writ petitions are inter-connected, they are disposed of by this common judgment.

( 2 ) ENTRANCE test for admission into Medical and Engineering colleges was held in the State of Andhra Pradesh in June, 1991 under Rule 6 of the Andhra pradesh Engineering and Medical Common Entrance Test Rules, 1985. The above mentioned rules were issued in exercise of rule-making power under section 3 of the Andhra Pradesh Educational Institutions (Regulation of admission and Prohibition of Capitation Fee) Act, 1983 (Act No. 5 of 1983 ).

( 3 ) THE petitioners herein sought admission to the Medical and Engineering colleges in the State of Andhra Pradesh from the open competition - they do not belong to any of the reserved categories. The results were published on 26-6-1991. Except the petitioner in W. P. No. 10194 of 1991,none of the petitioners in other writ petitions could get admission. The petitioner in W. P. No. 10194 of 1991 is prosecuting the writ petition in the hope that if he improves his rank, it will entail him for admission into electronic branch of discipline of his choice. Following are the particulars of the petitioners, ranks they obtained in the entrance test and the marks awarded to them:

( 21 ) IT is the contention of the counsel for the respondent that the petitioners have not understood the question in its correct perspective. The question is with regard to common dogfish Scoliodon, while the petitioners imagined the question as dog fish . We agree. The answer suggested on behalf of the writ petitioners that it should be ureotelic represents the condition, while the question stresses mainly on the genus acoliodon for its skeletal nature. The basis of the classification is on the nature of skeletal systems. It is not shown by the petitioners that this explanation is incorrect nor the petitioners are able to establish authentically that the answer found in the key is wrong.

( 22 ) QUESTION No. 7 is: "all mutations are immediately expressed in haploids, because. . . . . . . . of each gene is present". The key answer for this one/single allele . The petitioners contention is that allele alone is the correct answer. The contention advanced on behalf of the petitioners is that the expression allele being singular and when the plural form alleles is available, there is no meaning in insisting upon that the answer is one allele or single allele. Countering this, the learned counsel for the respondent insisted that the word allele invariably conveys pair and the expression alleles implies plurality of pairs. When the required answer is that one allele is present, it must be expressed specifically by writing one allele or single allele . The mere mention of allele cannot be construed to be the correct answer as it indicates a pair.

( 23 ) WE felt some considerable difficulty in deciding this question. The word allele no doubt is singular and its plural is alleles . It is stated on behalf of the respondent that in a diploid , each character is controlled by a pair of genes. They are responsible for production of contrasting characters, while in haploid where only one set of chromosomes are present, only one allele is responsible for a single character. One allele is responsible for mutation in haploid therefore, in the context of the question, "single or one allele" should be the correct answer. Many candidates seem to have understood the scope of question correctly and wrote the answer mentioned in the key. Several answer scripts containing the correct answer have been shown to us by the learned counsel for the respondent.

( 24 ) AS regards the questions 8 and 9, the answers claimed by the petitioners also are the answers found in the key and as they were awarded marks, and therefore, no controversy arises in that regard.

( 25 ) QUESTION No. 10 is: "hypogeal development of fruit takes place in the genus. . . . . ". The answer found in the key is arachis , whereas the







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