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IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Selishia Mohandas – Appellant
Versus
Union of India – Respondent
W.P.(C) 10089 of 2023
Decided On : 11-08-2023
OMR Sheet - NEET (UG)-2023 - Clause 14.2 of the Information Bulletin of NEET (UG) 2023 - The Provisional Answer Key along with scanned images of the OMR Answer Sheets and Recorded Responses of all the candidates, including the Petitioner, were displayed through the web portal of NEET (UG) 2023 from 04.06.2023 to 06.06.2023 (up to 11:50 PM), for challenging Provisional Answer Key and OMR Answer Sheet Grading. It is pertinent to mention that the scanned images of OMR Answer Sheets of all Candidates were displayed from 04.06.2023 to 06.06.2023 and no change/ modification has been made thereafter. Furthermore, in order to facilitate the candidates, a scanned image of the OMR Answer Sheet has been sent to the registered e-mail address of all the candidates given by them at the time of submission of the Online Application Form of NEET (UG) 2023. A copy of the Public Notice dated 04.06.2023 is annexed herewith as Annexure R2/5, and a copy of scanned image of OMR Answer Sheet of the Petitioner is annexed herewith as Annexure R2/6.
Fact of the Case:
The petitioner appeared in NEET (UG)-2023 examination and claimed that her marks were replaced on the website, leading to a lower rank. The respondents argued that the petitioner's OMR sheet had been tampered with and her actual marks were 103 out of 720.
Finding of the Court:
The court found that the petitioner's OMR sheet had been tampered with, leading to a deliberate attempt to manipulate the official record. The court refrained from imposing heavier penalties due to the petitioner's age and external pressures.
Issues: Alleged replacement of marks on the website, tampering of the petitioner's OMR sheet, and the petitioner's rank in the merit list.
Ratio Decidendi: The court relied on the official record and the presumption in favor of the same under Section 114 of the Indian Evidence Act, 1872. It also considered the petitioner's deliberate attempt to manipulate the official record.
Final Decision: The petition was disposed of, and the court imposed costs of Rs.20,000 against the petitioner.
ORDER
Purushaindra Kumar Kaurav, J. (Oral)
1. The petitioner, vide the instant writ petition has prayed for the following reliefs:
"a) issue writ/writs including a writ in the nature of mandamus directing the Respondent National Testing Agency to produce the original Optical Mark Recognition (OMR) along with the Answer Key Code E3 the Petitioner herein before this Honourable court and consequently recomputed the marks and publish fresh result with fresh rank merit list for National Eligibility-cum-Entrance Test (Undergraduate)-2023;
b) Direct the 1st and 2nd Respondents to allot one MBBS Seat for the academic Year of NEET (UG)-2023 in any Government Medical College Situated in Kerala or Andhra Pradesh."
2. The case of the petitioner is that she appeared in NEET (UG)-2023 examination conducted by respondent no.2-National Testing Agency (hereinafter referred to as 'NTA'). According to her, on 04.06.2023 the respondent no.2-NTA declared the Provisional Answer Key of NEET (UG)- 2023 examination and also directed that the candidates, who have objections to the Answer Key or Recorded Responses, may challenge the same as per the procedure. The Provisional Answer Key was uploaded on the official website of respondent no.2-NTA with the OMR sheet and recorded responses for NEET (UG)-2023 examination. On 06.06.2023, respondent no.2-NTA published the NEET (UG)-2023 examination final answer key on the official website. On 13.06.2023, respondent no.2-NTA declared the final result/ NTA Scores/ Rank of National Eligibility cum Entrance Test (UG)- 2023.
3. According to her, the rank of the petitioner was shown to be 351 (All India Rank for Counselling) and total marks obtained were 697 out of 720 with the percentile of 99.9820955. She, therefore, submits that her rank was also recognized by Kerala State Medical Rank List-2023 and Dr. YSR University of Health Sciences, Vijayawada-08 NEET UG Rank wise list of the State of Andhra Pradesh.
4. The petitioner was however shocked and surprised while registering herself on the Medical Counselling Committee (MCC) website when she was unable to move to the next step of registration. She then realized that the marks obtained by her were replaced on the website and instead of actual marks i.e. 697 out of 720, she was shown to have obtained 103 marks and, her All India Rank for Counselling was replaced to 1253032 with a percentile of 38.4043724. The petitioner thereafter made a complaint and since no steps were taken, therefore, she has filed the instant writ petition.
5. The respondents have filed their counter affidavit and have explained that the entire case of the petitioner is premised on false and fabricated document.
6. In paragraph 11 onwards of the counter affidavit filed on behalf of respondent no.2 NTA, it has been explained that the OMR sheet relied upon by the petitioner (Annexure-P7) has been tampered and modified. It is stated that the responses provided by the petitioner on the OMR sheet have been deliberately altered and modified with an attempt to claim higher marks in the examination.
7. It is the case of respondent no.2-NTA that the petitioner attempted 56 questions correctly and 121 questions incorrectly and as per the scheme of examination, she has been awarded 04 marks for each correct answer and one mark (-01) has been deducted for every wrong answer. Accordingly, the petitioner has been awarded 103 marks [(56x4)- (121x1)] out of 720. A copy of the final answer key of Test Booklet Code "E3" has been placed on record by respondent no.2 NTA.
8. Paragraph nos. 11 to 15 of the said counter affidavit read as under:
"11.That in terms of Clause 14.2 of the Information Bulletin of NEET (UG) 2023, the Provisional Answer Key along with scanned images of the OMR Answer Sheets and Recorded Responses of all the candidates, including the Petitioner, were displayed through the web portal of NEET (UG) 2023 from 04.06.2023 to 06.06.2023 (up to 11:50 PM), for challenging Provisional Answer Key a
Presumption in favor of the official record and the consequences of deliberate tampering with official documents.
The Court held that the original OMR sheet produced by the 2nd respondent was the only one mark sheet of the petitioner and there was no discrepancy in the documents produced by the respondents.
Allegations of examination tampering must be substantiated with credible evidence to establish a legal cause of action for relief.
The unsubstantiated nature of beliefs and lack of evidence are insufficient to establish a valid cause of action in seeking reliefs through a writ petition.
The main legal point established in the judgment is that allegations of forgery/fabrications cannot be inferred without affording an opportunity to the parties to lead evidence, and relief sought can....
The court emphasized the necessity of concrete evidence to substantiate claims of manipulation in examination records and upheld the integrity of the examination authority.
The court's decision emphasized the need for the petitioner to seek redressal through the appropriate forum, declining to entertain the petition under Article 226 of the Constitution.
The court affirmed that the integrity of official examination records is paramount, and claims based on discrepancies without credible evidence are insufficient to challenge the results.
Disputed questions of fact and elaborate evidence required for adjudication under Article 226 of the Constitution.
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