The requirement of filling the test booklet code in the UGET entrance exam was valid and reasonable, and the omission to fill it resulted in non-evaluation of the answer sheet. The candidate's minor lapse and the invigilator's failure to check the answer sheet did not entitle the candidate to admission to the Medical/Dental Course, as this would disrupt the admission process and displace admitted students.

( 1 ) ADMIT. Two Letter Patent Appeals bearing Nos. 194/96 and 201/96. have been preferred TO against the judgment dated 2. 8. 1996 of the learned Single Judge in the Civil Writ Petition No. 2545/96 titled Manisha Surana Vs. Central Board of Secondary Education and Another. LPA. 194/96 has been preferred TO by the Central Board of Secondary Education (hereinafter REFERRED TO to as the "board ) . While LPA. 201/96 has been preferred TO by the Manipal Academy of Higher Education (hereinafter REFERRED TO to as the manipal Academy" ). This common judgment would dispose of both the appeals,

( 2 ) RESPONDENT No. l. Manisha Surana had appeared for the Under Graduate Entrance Test (UGET) concluded lor a seal in the Medical and Dental Colleges Unfortunaley Manisha Surana omitted to fill in the test booklet code in her answer sheet, as a result. Of which the Board declined to evaluate her answer sheet She filed Civil Writ Petition No. 2545/96 seeking directions for the Board to evaluate her answer sheet after putting the test booklet code and to declare her result alongwith the other successful candidates. A further direction was sought for grant of admission in the Manipal Academy in accordance w ith the merit rank to be secured by her.

( 3 ) THE learned Single Judge in the impugned judgment held that the omission to Fill in the test booklet code was an innocent one without any ulterior motive. The learned Single Judges further held that apart from Manish s omission in not filling the Test Booklet Code. The lnvigilator, entrusted with the duly to ensure that candidates filled in all the details and particulars, failed in his duty in not checking the answer sheet and guiding her. The Board could not be absolved of the responsibility due to the lapse of its invigilator. The learned Single Judge held that the candidate should not suffer on account of her minor omission and the lapse of the invigilator and in the facts and circumstances of the case. She was entitled to the relief as prayed. The learned Single Judge, accordingly, allowed the petition and directed the respondent board to evaluate the answer sheet of the petitioner and declare her result within one month from 2. 8. 1996,i. e. the date of the judgment.

( 4 ) AGGRIEVED by the aforesaid judgment of the learned Single Judge the Board and the Manipal Academy have preferred TO these appeals.

( 5 ) FOR a proper appreciation of the requirement of filling the Test Booklet Code and the consequences flow ing from not filling it. We may notice certain facets of the competitive entrance examination that was conducted by the Board. The competitive examination was held on 30. 6. 1996 for entrance to the seats for Medical and Dental Colleges. In the examination, a question booklet containing 200 questions was given. Even question booklet had a Test Booklet Code. The answer sheet was separate, though given in the same question booklet. The significance of the Test Booklet Code was to identify the question booklet attempted by a candidate. The different question booklets contained same questions but in a changed order. This was being done to minimize the chances of copying in the objective questions that were being put. The answer sheet had two sides. On one side, the roll number and other details were to be filled up by the candidate and it was to be signed by the candidate and the Invigilator. The other side of the answer sheet was to be filled in by pencil by darkening the circle for the answ er chosen. Test Booklet Code w as to be marked on this side alongwith answers to the question. The process of evaluation of `results is computerized and the answer sheet is put through the scanner. Wherein the key answers are fed according to the Test Booklet Code. The answer sheet could be evaluated correctly by the optical scanner only if the Test Booklet Code was correctly indicated in the answer sheet.

( 6 ) FROM the date of inviting applications in the first week of March 1996, till