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2014 Supreme(J&K) 331
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Bansi Lal Bhat, J.
Sourav Goel -Appellant
Versus
J&K BOPEE & Ors. -Resopndent
OWP No. 1159-2013, CMA Nos. 1063-2014, 1625-2013, 1014-2014, 2110-2013, C-w, Contempt (OWP) No. 158-2013
Decided On : 02-09-2014
D.C. Raina, Arun Kumar, Anil Sethi, Seema Sheikher.
The decision of the subject Experts and the paper setter is final, and there is no merit in referring the matter to Experts beyond the mechanism provided in the guidelines of the Board.
Headnote:
Writ Petition - Selection for MBBS Course - Article 226 of Constitution of India, Section 103 of the Constitution of Jammu and Kashmir - Convener, MBBS/BDS Selection Board v. Ghandan Mishra, Rajesh Kumar v. State of Bihar - J&K Board of Professional Entrance Examination v. Qazi Basra
Fact of the Case:
The petitioner sought to quash the notification pertaining to the selection for the MBBS & other professional courses and recast the merit for MBBS course for the year 2013-14. The petitioner alleged errors in the answer key and claimed entitlement to more marks, assailing the select list and claiming prejudice to his rights.
Finding of the Court:
The court found that the petitioner's grievances were considered and sorted out by extending benefit in respect of certain questions. The court also noted the mechanism for rectifying errors and revising the answer key based on the opinion of subject Experts. The court held that the decision of the subject Experts and the paper setter was final and that there was no merit in referring the matter to Experts beyond the mechanism provided in the guidelines of the Board.
Issues: The issues involved the alleged errors in the answer key, entitlement to more marks, and the mechanism for rectifying errors and revising the answer key based on the opinion of subject Experts.
Ratio Decidendi: The court held that the decision of the subject Experts and the paper setter was final, and there was no merit in referring the matter to Experts beyond the mechanism provided in the guidelines of the Board. The court also emphasized the need to conclude the selection process within a reasonable time and in a fair manner.
Final Decision: The petition was dismissed, and the interim direction, if any, was vacated. The connected Contempt No. 158/2013 was also dismissed.
(i) Writ in the nature of Certiorari quashing Notification No. 32-BOPEE dated 05.08.2013 pertaining to the selection for the MBBS & other professional courses.
(ii) Writ in the nature of mandamus commanding the respondents to recast the merit of the petitioner for MBBS course for the year 2013-14 and consequently select the petitioner for the MBBS Course.
2. Petitioner, having passed his 10+2 examination from J&K Board of School Education in Medical Subjects with 83% marks submitted his application form for appearing in the Entrance examination. Entrance examination was held on 27-28th July, 2013. Vide Notification No. 32-BOPEE of 2013 dated 05.08.2013; provisional select list for MBBS and other courses was notified. Petitioner figured at serial No. 508 with merit of 165 marks in the list. According to petitioner, Counseling process for Govt. Medical College Srinagar/Jammu and SKIMS stands completed. However, process of counseling for ASCOMS is yet to be commenced. Respondents while notifying the select list have notified the answer key in response to the questions forming part of the examinations.
3. Petitioner has given the break-up in regard to availability of the seats in each Medical College as under:-
| i) | Govt. Medical College, Jammu | 150 seats |
| ii) | Govt. Medical College, Srinagar | 149 seats |
| iii) | SKIMS | 100 seats |
| iv) | ASCOMS (40+60) = | 100 |
(i.e. 40 seats for BOPEE & 60 seats for ASCOMS)
4. According to petitioner, answer key published by the respondents carries wrong answers, including the incorrect options, in some cases. This he claims to have been verified from Books published by Experts. He has classified the errors in the answer key in the following four categories:-
CATEGORY-A: Indicates errors in the answer key published by the Board of Professional Entrance Examination (BOPEE).
CATEGORY-B: Indicates that none of the options as suggested alongwith questions is correct.
CATEGORY-C: Indicates that the question contains more than one option and the same being incorrect i.e. question has more than one correct answer out of suggested options.
CATEGORY-D: Questions not correctly framed.
5. Petitioner has incorporated the following chart to indicate the number of questions, form of questions, suggested questions, answers shown as per key, actual correct answers and source.
Subject-Biology | |||
Category-A error in the answer key published by BOPEE | |||
Question No. | Answer As per BOPEE | Correct Ans. | Sources |
24. genes that are involved in turning on or of the transcription of a set of structural genes are called. 1. Polymorphic-genes 2. Operator genes 3. Repressor genes 4. Regulatory genes | 4 | 2 | * Pradeep's test book of biology for class-12th (page 11/188 to H/189) Twenty sixth edition) *Pradeep's text book of biology of class-XI )page IV/231) * Full marks biology for class XII published by Macmillan publisher's (page-153) |
47. In mitosis where does the chromosome duplication occur? 1.Interphase 3.Late prophase 4. Late Telephase | 2 | 1 | *NCERT Book (page 171) class book XII * published in website-www.boosciweb.net written by blake barron Department chair professor in santa Barbara city college California |
| 44. Where does the synthesis of ATP in mitochondria takes place? 1. In martrix 2. In intescristal space 3. Upon cristae 4. At outer membrane | 3 | 1 | *Pradeeps text Book of biology class CI vol. 2(27 edition 2013)(Page No. IV/160) |
| 32. Dominant species represents most abundant | 4 | 1 | *NCERT-biology class XII by H.Y.Mohan ram (page No. 310-311) * Pradeep's text book biology |
| 1) First tree 2) shrub that appears for the time 3) herb that binds the soil and provides effect on physical organic matter to it 4) species having major effect on physical environment | Class XII page no. V/150 | ||
Category B (Question containing no option correct) | |||
| Question no. | Ans as per BOPEE | Correct An | |
