In examination challenges under Article 226, courts may intervene only when errors are evident without inferential reasoning, ensuring clarity in multiple-choice questions.

JUDGMENT

Prateek Jalan, J.

Facts

1. The petitioner-association consists of Indian citizens who hold degrees in Medicine from foreign universities. In order to register themselves with the Medical Council of India (now National Medical Commission), foreign medical graduates are required to take a screening test called the Foreign Medical Graduate Examination [hereinafter, "FMGE"], which is conducted by the respondent/National Board of Examinations [hereinafter, "NBE"]. The present writ petition concerns the FMGE conducted on 04.12.2020 [hereinafter, "FMGE (December 2020)"].

2. Before adverting to the submissions of the parties, it may be noted that the FMGE (December 2020) was a multiple choice examination consisting of 300 questions. In order to pass, a candidate was required to correctly answer 150 questions, i.e. score 50% in the examination. There was no negative marking for wrong answers.

3. In the writ petition, the petitioner has claimed the following reliefs:-

"a) Issue a Writ of Mandamus Or Any Other Appropriate Writ, Order or Direction Under Article 226 of the Constitution directing the Respondent National Board of Examination to award full marks for the technically incorrect/erroneous/blurred questions that formed a part of the question paper for the Foreign Medical Graduate Examination conducted on 04.12.2020 to all candidates who appeared in the same;

b) Issue a Writ of Mandamus Or Any Other Appropriate Writ, Order or Direction Under Article 226 of the Constitution directing the Respondent National Board of Examination to make public its answer sheet for the Foreign Medical Graduate Examination conducted on 04.12.2020;

c) Issue a Writ of Mandamus Or Any Other Appropriate Writ, Order or Direction Under Article 226 of the Constitution directing the Respondent National Board of Examination to permit re-evaluation of answer scripts of candidates who appeared in the Foreign Medical Graduate Examination conducted on 04.12.2020 Pass such other Order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

However, as recorded in the order of this Court dated 07.05.2021, the petitioner has confined the relief sought in the present petition to the grant of one additional mark to the candidates who took the FMGE (December 2020), with liberty reserved to agitate its other grievances in appropriate proceedings.

4. The petitioner's claim of one extra mark is based on the contention that one of the questions in the examination had no correct answer and was therefore a patently erroneous question. In the writ petition, the petitioner has reproduced the disputed question as follows:-

"Question: Sample registration system does not include:

a) MMR

b) IMR

c) BR

d) DR"

In an additional affidavit dated 27.05.2021, the NBE has reproduced a slightly different version of the disputed question. This confusion has perhaps arisen as a result of the fact that candidates are not permitted to retain copies of the FMGE question paper. I proceed on the basis that the version in the NBE's affidavit is the correct version of the question. It reads as follows:-

"Sample Registration System gives information about all except:

a. Birth rate

b. Death rate

c. Maternal Mortality rate

d. Infant mortality rate"

In the aforesaid affidavit, the NBE has stated that the correct answer to the above question is option (c). Parties