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SAMEER JAIN
Neha Kumari Jogi, D/o. Prayag Chand Jogi – Appellant
Versus
Union of India, Through Secretary, Ministry of Education, Department of Higher Education – Respondent
ORDER :
Sameer Jain, J.
1. The instant petition is filed with the following prayers :
(ii) Any other order which this Hon’ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner.
(iii) Cost of the writ petition may also be awarded in favour of the petitioner;”
2. Learned counsel for the petitioner has submitted that respondent No. 2-NTA issued a public notice dated 09.02.2024 inviting online applications for National Eligibility cum Entrance Test (hereinafter referred as NEET-UG Examination), 2024. It is further submitted that the petitioner filed an online application under the OBC (NCL) category, for the said examination. Thereafter the NEET-UG Examination, 2024 was conducted on 05.05.2024, and the final answer key qua the said examination was released on 26.07.2024 (Annexure-4).
3. Further, it is submitted that the petitioner
Adherence to examination instructions is mandatory; deviations such as double bubbling justify evaluation outcomes, and courts should not interfere in such cases.
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.
Examination authorities must ensure the integrity of examination materials; errors in handling can lead to unjust penalties for candidates.
Standardized computerized evaluation process and unambiguous instructions for marking responses in UGC-NET examination.
Court is to presume the correctness of answer key and proceed on that assumption. In the event of any doubt, benefit should go to the examination authority rather than to the candidate.
Presumption in favor of the official record and the consequences of deliberate tampering with official documents.
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 court established that candidates must strictly adhere to the instructions for filling OMR sheets, as deviations, even if minor, can result in disqualification, thereby maintaining the integrity ....
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