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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J.
Tejas Girish Menon, S/o. Girish Thekke Palazhi – Appellant
Versus
Union Of India – Respondent
WP(C) No. 24158 of 2021
Decided on : 15-11-2021
NEET - Challenge to Answer Key - [National Eligibility Cum Entrance Test (NEET) (UG), 2021] - [Information Bulletin published by the 2nd respondent, Judgment of the Hon'ble Apex Court in Kanpur University through Vice Chancellor and others v. Samir Gupta and others, Judgment of the Hon'ble Apex Court in Abhijit Sen and others v. State of U.P. and others, Judgment of the Hon'ble Apex Court in Manish Ujwal and others v. Maharishi Dayanand Saraswati University and others, Judgment of this Court in Mamatha Sudheendran and another v. National Testing Agency, Judgment of the Hon'ble Apex Court in Ran Vijay Singh and others v. State of U.P. and others, Judgment of the Hon'ble Apex Court in H.P. Public Service Commission v. Mukesh Thakur and others, Judgment of the Division Bench of this Court in State of Kerala v. Fathima Seethi] - The court discussed the challenge to the NEET (UG) 2021 Answer Key for Question No.184 and the legal principles established in various judgments related to the correctness of answer keys in competitive examinations.
Fact of the Case:
The petitioner challenged the NEET (UG) 2021 Answer Key for Question No.184, claiming that 'kissing' should be accepted as a mode of transmission of venereal diseases, and the correct answer should be 'Option No.4' instead of 'Option No.1'. The petitioner argued that the exclusion of 'kissing' as a mode of infection in the Answer Key was unacceptable and misleading.
Finding of the Court:
The court found that the answer key giving 'Option No.1' as the correct answer to Question No.184 was not to be interfered with. The court considered the reasoning provided by the respondents and concluded that the answer given in the answer key was not incorrect or a glaring mistake. The court emphasized the importance of the approach and sharpness of the students answering questions in a competitive examination and held that the reasoning given by the respondents, based on the opinion of Subject Experts, was convincing.
Issues: The main issue was whether the answer key for Question No.184 should be revised to include 'kissing' as a mode of transmission of venereal diseases, and whether the petitioner should be granted marks for the alternative answer.
Ratio Decidendi: The court emphasized the expertise of Subject Experts in academic matters, especially in examinations related to admission to higher professional courses. It held that unless the answers in the Answer Key were glaring mistakes, it would be highly improper for the courts to go into the correctness of the answers. The court also highlighted the onus on the candidate to demonstrate that the key answer is incorrect and a glaring mistake which is apparent.
Final Decision: The writ petition was dismissed, and the court found no reason to interfere in the matter and grant relief to the petitioner.
JUDGMENT :
The petitioner who has appeared for the National Eligibility Cum Entrance Test (NEET) (UG), 2021 has approached this Court filing this writ petition seeking to call for the records leading to Ext.P6 Final Answer Key published by the 2nd respondent in relation to NEET (UG)-2021 in so far as it gives 'Option No.1' as the correct option to Question No.184 of Question Paper Coded 05'. The petitioner further seeks to command the 2nd respondent to revise the Answer Key for Question No.184 of Question Paper Coded 05' as 'Option No.4' instead of 'Option No.1' and revise the marks awarded to the petitioner consequent thereto.
2. The petitioner states that the Question No.184 in the Question Paper Coded 05' assigned to the petitioner and its answer options, were as follows:
(a) Using Sterile Needles
(b) Transfusion of blood from infected person
(c) Infected Mother to Foetus
(d) Kissing
(e) Inheritance
Choose the correct answer from the options given below:
(1) (b) and (c) only
(2) (a) and (c) only
(3) (a), (b) and (c) only
(4) (b), (c) and (d) only”
The petitioner opted the answer at Sl.No.4, i.e., “(b), (c) and (d) only”.
3. When the Answer Key was released by the 2nd respondent, the answer to Question No.184 was given as Option No.1 [(b) and (c) only]. The Answer Key indicated that Venereal diseases can spread only through transfusion of blood from infected person and infected mother to foetus, and not through kissing. The answer given in the Answer Key is wrong and therefore the petitioner challenged the Answer Key paying requisite fee. However, the respondents have rejected the challenge made by the petitioner.
4. The petitioner would submit that he has scored 695 out of 720 securing All India rank of 293 and All India Counselling rank of 301 with percentage of 99.977. The petitioner will be in a much higher position if the Answer Key is corrected, in respect of Question No.184.
5. The petitioner submits that paragraph 13.2.3 of the Information Bulletin published by the 2nd respondent makes it incumbent on the 2nd respondent to verify a challenge made by a candidate to the Provisional Answer Key with the help of a panel of experts. This has not been done by the respondent, which has resulted in grave miscarriage of justice. The stand of the respondents that Option No.1 to the Question No.184 is the correct answer, is ex-facie erroneous. To say that venereal diseases can spread only by 'transfusion of blood from infected person' and through 'infected mother to foetus' and not by 'kissing', is clearly at variance with even the rudimentary text books on venereal diseases.
6. The petitioner pointed out that Ext.P8 text Book published for Biology for Higher Secondary (Class XII) by the Council of Higher Secondary Education, Odisha would show that infection may spread through any type of sexual contact involving external genitalia, the anus or the mouth. Ext.P9, which is a relevant extract of text book published for Biology-Zoology for Higher Secondary Second Year by the Department of School Education, Government of Tamil Nadu would also establish that infections like Hepatitis-B and HIV are transmitted sexually as well as by sharing of infusion needles, surgical instruments etc. with infected people. This would clearly indicate that venereal diseases are ordinarily transmitted through sexual intercourse or intimate physical contact with infected person. Therefore “kissing” should also be accepted as a mode of transmission of venereal diseases.
7. The petitioner further relied on Ext.P10 which is an extract of the core modules prepared by the Telangana Open School Society (TOSS). Ext.P10 defines sexually transmitted diseases to mean diseases that are transmitted through sexual contact and via the mucous membrane and secretions of the sexual organ, throat and rectum. Relying on Ext.P11, the petitioner pointed out that Educational Boards which have issued Exts.P8, P9 and P10 are all recognised Board
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