2014 Supreme(J&K) 125
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Muzaffar Hussain Attar,Tashi Rabstan, JJ.
J&K Board of Professional Entrance Examination & Ors. -Appellant
Versus
Qazi Basra & Ors. -Resopndent
Case No. LPA 223-2013 (OWP 1266-2013)
Decided On : 06-03-2014
G.A. Lone, M.A. Qayoom, Jehangir Iqbal Ganai.
The court emphasized the need for concluding the selection process within a reasonable time and in a fair manner, and highlighted the importance of maintaining the secrecy of the selection process for professional courses.
Headnote:
CET - Grievances of Wrong Answer Keys - J&K Common Entrance Test Act, 2013 - Summary: The court discussed the grievances of wrong answer keys in the Common Entrance Test (CET) conducted by the J&K Board of Professional Entrance Examination (BOPEE) in 2013. The court analyzed the representations made by the candidates, the re-evaluation process, and the legal provisions governing the selection process for professional courses. The court concluded that the directions issued by the writ Court were unwarranted and illegal, and allowed the Appeal, setting aside the impugned order and dismissing the writ petition.
Fact of the Case:
The respondent sought consideration for selection in MBBS/BDS course, claiming wrong answer keys in the CET. The BOPEE conducted re-evaluation and awarded additional marks to the respondent. The writ Court directed disclosure of revised answer keys and re-evaluation, which was challenged in the Appeal.
Finding of the Court:
The court found that the respondent failed to file representation within the prescribed time, yet benefited from the re-evaluation process. The court concluded that the directions issued by the writ Court were unwarranted and illegal, and allowed the Appeal, setting aside the impugned order and dismissing the writ petition.
Issues: The issues revolved around the re-evaluation process, the timing of filing representations, and the legality of the directions issued by the writ Court.
Ratio Decidendi: The court held that the selection process must be concluded within a reasonable time and in a fair manner, and that there was no further scope for re-evaluation after the re-evaluation process had been conducted. The court also expressed concern about the method of re-evaluation and directed the constitution of a Committee of Experts to advise the BOPEE on conducting future Common Entrance Tests.
Final Decision: The Appeal was allowed, the impugned order was set aside, and the writ petition was dismissed. The court also directed the constitution of a Committee of Experts to advise the BOPEE on conducting future Common Entrance Tests.
1. Common Entrance Test (for short CET), conducted by J&K Board of Professional Entrance Examination (for short BOPEE), almost every year, in its wake, brings wave of litigation to the Court. Different type of grievances are projected by the candidates. However, one of the most common feature of grievances, every year, is providing of wrong answer keys to the multiple choice questions.
2. The BOPEE conducted two day CET on 22-23rd of June, 2013 in pursuance of its Notification No. 10-BOPE of 2013 dated 10-06-2013 for selecting the meritorious candidates for undergoing MBBS/BDS courses in various colleges of the State of J&K. This CET, however, was cancelled by the BOPEE, who issued a public notice dated 03-07-2013 and informed all the candidates that fresh CET will be conducted on 27-28th July, 2013. The candidates were also informed that they shall have to take the CET in all the four papers. The BOPEE, after conducting the CET on 27th and 28th of July, 2013, issued notification whereunder all the candidates, who had taken the CET of 2013, were informed that the answer keys in respect of question papers of Physics, Chemistry, Biology and Mathematics are available on its official Web Site. The candidates were also informed that in case of any discrepancy in any question or answer key, they can make a representation to the BOPEE at its offices at Srinagar/Jammu. The representation was to be made within two days, viz. upto 30-07-2013 upto 04.00 PM. The candidates were also informed that in support of their representations, they should also enclose copies of relevant references from standard text books.
3. The respondent -- writ petitioner, sought consideration for being selected to undergo MBBS/BDS course under Roll No. 629049. On the pleadings of the parties, it is admitted that the respondent -- writ petitioner appeared in all the three papers of Physics, Chemistry and Biology.
4. The case set up by the respondent -- writ petitioner in the writ petition is that on examination of the answer keys of the BOPEE, to her mind, at least 11 answer keys were wrong. It is her further case that she filed representation for re-evaluation of her answer scripts indicating therein the prescribed wrong answer keys by the experts of BOPEE. Further case of the respondent-writ petitioner is that when her representation did not evoke any response, she filed yet another representation. Copy of the second representation, which does not bear any date, has been annexed with the writ petition as annexure (E), to which reference is made in paragraph (8) of the writ petition. Further grievance of the respondent -- writ petitioner in the writ petition is that without according consideration to her representations, Notification dated 05-08-2013 was issued by BOPEE, which contained the names of candidates, who were short listed for counseling. The respondent -- writ petitioner had secured 168 marks and her ECB rank was 00411. In view of her merit position, she was not called for counseling, which constrained her to approach the Court by filing OWP 1266/2013. The respondent-writ petitioner prayed for issuance of writ of mandamus or any other appropriate order or direction directing the respondents-Appellants herein to get the answers given by the respondent-writ petitioner to question Nos. 16, 28, 31, 41, 44, 60 and 70 of Biology, Series-C and question Nos. 32 and 64 of Chemistry, Series-C, re-evaluated in the light of her representations and thereafter upgrade her merit position and admit her to MBBS course in Government Medical College, Srinagar.
5. In the objections filed by the Appellants to the writ petition, it is pleaded that after completion of CET, 2013 on 28-07-2013, answer keys of each question paper were displayed on the official Web Site of the BOPEE in the same evening. The candidates were given two days' time for filing representations, if any, in respect of the displayed answer keys. A specific stand is taken by the