Karnataka High Court
PRAVEEN KUMAR I.KUSUBI - Appellant
Versus
RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, KARNATAKA, BANGALORE - Respondent
Decided On : 01-28-03
W.P. : 36654 of 2002
EDUCATION - Constitution of India, Articles 226 and 227- Rajiv Gandhi University of Health Sciences - Post Graduate Entrance Test for Medical Course for the year 2002-2003 - Entrance Test by - Key answers announced on web-site after the test - not tallying for some questions - writ petition -praying for replacing with correct answers and awarding marks accordingly - the impugned issue purely academic - the University s word is last word - should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation - no ground made out for interference.
[N. Kumar, J.] - If experts after careful consideration have set the question and have suggested a particular answer, it is not possible to accept the contention of the petitioners that the answer suggested by the experts is not the correct answer and that the answer suggested by them is the correct answer. It is within the domain of the expert to decide the correct answer. They may differ regarding which is the best response out of four alternatives and therefore it is for them to decide. After careful consideration of the challenge by the petitioners, after referring to relevant text books and reference books, if they again have come to the conclusion that the answer suggested by them is the correct answer and answer suggested by the students is not the correct answer, Court cannot sit in judgment over the said expert body as an appellate authority and undertake an exercise to find out which is the correct answer, as Court has neither the expertise nor the infrastructure to do the same.
Cases Referred: (1983) 4 SCC 309; W.P. Nos. 24927 to 24929/2000, 7-8-2000; W.P. No. 31450/2001, decided on 19-10-2001.
( 1 ) IN this batch of writ petitions, the petitioners are challenging the correctness of the answer key of Post-graduate Entrance Test-2002, "medicine Version M4" and to assign ranking on the basis of the corrected answers, or, in the alternative, a direction to the respondent-University to appoint an expert committee to look into the key answers provided by the University in respect of the challenged questions.
( 2 ) ALL the petitioners have successfully passed the MBBS examination and are eligible for appearing the Post-graduate Entrance Test-2002 held by the respondent-University. The respondent-University issued the calendar of events for the P. G. Entrance Test-2002, Medicine version M4 (for short, hereinafter referred to as "p. G. Entrance Test" ). As all the petitioners were found eligible to take the examination, they were issued with identity cards by allotting registration numbers and they were permitted to appear in the examination.
( 3 ) THE P. G. Entrance Test conducted by the University is an objective test consisting of 200 questions, each question having four optional answers. The candidates are required to select the correct answer out of four answers provided in the question book. If the answer is correct the student would get one mark, if the answer is incorrect, he would lose 1/4th of the mark. After the examination, the respondent-University has provided key answers to the questions on the website on 13-8-2002.
( 4 ) THESE petitioners when they saw the answers on the website, they were shocked to find that the answers provided to question Nos. 3, 11, 12, 16, 19, 23, 75, 97, 126, 127, 129, 133, 139 and some other questions were all wrong. Therefore, some of the petitioners challenged the said key answers by paying a sum of Rs. 1,000/ -. Thereafter the University, after considering their objections, accepted the mistake in its key answers in respect of question Nos. 3, 6, 19, 23, 97, 127 and 139 and allotted full marks. However, they have not accepted the mistake with reference to other questions. The petitioners appeared to have made one more representation pointing out to the University even the key answers to other questions are also wrong. However, the said representation was not even acknowledged hy the University and no action is taken. Therefore, they are constrained to file these writ petitions seeking the aforesaid reliefs.
( 5 ) IN the body of the writ petitions the petitioners have set out the question and the key answers given, and have also pointed out with reference to several textbooks how the key answers published are wrong and what is the correct answer according to them.
( 6 ) THE respondent-University has filed the counter. They have stated that the question paper is set by the experts in the respective are as from outside the State. Multiple choice questions have been given to the candidates with four alternative answers. The candidates have to choose the most appropriate alternative for situation given in the question. After the completion of the examination on 13-8-2002, the key answer for all 200 questions in 8 versions as given by the paper setters were notified in the internet. This procedure was adopted with a view to help the candidates for self-assessment of their performance as they were permitted to carry their copy of Optical Mark Reader (OMR) answer sheet and also to bring in maximum transparency in the entire system. The candidates were also allowed to make representations if any about the key answers on or before 23-8-2002. Several representations have been received by the University, wherein the correctness of the key answers to the questions has been questioned. All the representations including that of the petitioners were reviewed by the subject experts representing different branches of medicine and same was approved by the P. G. Entrance Test Committee. As a result, for some questions changes were made in the key answers as suggested by the experts. Thu
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