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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
K.S. Manoj – Appellant
Versus
Union of India, Represented by the Secretary to Government, New Delhi & Others – Respondents
W.P. No. 15959 of 2020 & W.M.P. No. 356 of 2023 & W.M.P. No. 19859 of 2020
Decided On : 03-03-2023
NEET (UG) - 2020 - OMR Answer Sheet - Manipulation - Allegation - Original OMR Sheet Produced - Handwriting Expert Opinion - Single OMR Sheet Uploaded - No Discrepancy Found - Writ Petition Dismissed.
Fact of the Case:
Petitioner appeared for NEET (UG) 2020 and secured 594 marks out of 720 as per the OMR sheet downloaded on 16.10.2020. However, the result declared by the 2nd respondent showed only 248 marks. Petitioner alleged manipulation of OMR sheet and filed a writ petition seeking a declaration of 594 marks and consequential admission to a medical course. The learned Single Judge directed the 2nd respondent to conduct an investigation and submit a report. The report concluded that only one OMR sheet was uploaded and there was no discrepancy.
Finding of the Court:
The Court examined the report of the Joint Director of National Testing Agency, the steps taken for safekeeping, scanning, and evaluation of the OMR answer sheets, the assertion from NIC that only one OMR answer sheet was uploaded, the safety measures taken to ensure that only one OMR was uploaded, the letter of the institution where the petitioner attended the exam, and the report of the handwriting expert from Central Forensic Laboratory at Chandigarh. The Court found that there was no discrepancy in the documents produced by the respondents and that the original OMR sheet produced was the only one mark sheet of the petitioner.
Issues: 1. Whether there was manipulation of the OMR sheet of the petitioner? 2. Whether the original OMR sheet produced by the 2nd respondent was genuine?
Ratio Decidendi: 1. The Court held that the original OMR sheet produced by the 2nd respondent was the only one mark sheet of the petitioner and there was no discrepancy in the documents produced by the respondents. 2. The Court relied on the report of the Joint Director of National Testing Agency, the steps taken for safekeeping, scanning, and evaluation of the OMR answer sheets, the assertion from NIC that only one OMR answer sheet was uploaded, the safety measures taken to ensure that only one OMR was uploaded, the letter of the institution where the petitioner attended the exam, and the report of the handwriting expert from Central Forensic Laboratory at Chandigarh to conclude that there was no manipulation of the OMR sheet.
Final Decision: The Court dismissed the writ petition and directed the petitioner to discontinue his medical studies at Thoothukudi Government Medical College.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 2nd respondent pertaining to (i)National Eligibility cum Entrance Test (UG) – 2020 Score Card issued in the name of the petitioner dated 16.10.2020, (ii)Second OMR answer sheet issued in the name of the petitioner downloaded on 17.10.2020 and (iii)2nd respondent''s e-mail response dated 26.10.2020, quash the same and to issue directions to the 2nd respondent to declare the results and rank of the petitioner in NEET (UG) – 2020 as 594 to 720 marks commensurate with his performance as reflected in first OMR answer sheet uploaded on 16.10.2020 FN and issue consequential directions to the 3rd and 4th respondents to allow the participation of the petitioner in the counselling for admission to Medical Courses (UG) 2020 with reference to 594 out of 720 marks in NEET (UG) 2020 and accordingly, provide him admission to Medical Course (UG).)
1. This writ petition has been filed in the nature of a Certiorarified Mandamus seeking records on the file of the 2nd respondent / National Testing Agency, (National Eligibility -cum- Entrance Test (UG) – 2020), Department of Higher Education, Uttar Pradesh, relating to (i) the National Eligibility Cum Entrance Test (UG) – 2020 Score Card issued in the name of the petitioner dated 16.10.2020, (ii) Second OMR Answer Sheet issued in the name of the petitioner downloaded on 17.10.2020, (iii)the e-mail response of the 2nd respondent dated 26.10.2020, and to quash the same and to issue direction to the 2nd respondent to declare the rank of the petitioner in NEET (UG) – 2020 as 594 out of 720 marks as reflected in the 1st OMR sheet uploaded on 16.10.2020 forenoon and issue directions to the 3rd to 4th respondents, the Medical Counselling Committee, All India Quota fo Medical UG 2020, New Delhi and the Directorate of Medical Education, Chennai to allow the participation of the petitioner in the counselling for admission to medical course, UG 2020 and providing him a medical course (UG).
2. The petitioner K.S.Manoj, who was represented in the proceedings by his father, K.Sundararajan, stated that he had applied for NEET (UG) 2020 examination. The application number assigned was 200410282612. An admit card was issued to him by the Ministry of Education, Government of India. The roll number was 4102202104. The date of examination was fixed as 30.09.2020 from 2.00 pm to 5.00 pm at Karpagam Academy of Higher Education, Coimbatore. He appeared for examination.
3. It was further stated that his OMR answer sheet was uploaded in the official website of the 2nd respondent, Uttar Pradesh with his Roll No.4102202104 with Test Booklet No.2137204 and Test Booklet Code No.H3. The name of his parents and his signature and that of the invigilators were available. It was claimed that owing to Covid – 19 Pandemic the invigilators had instructed the candidates to put their signature in the column otherwise meant for left-hand thumb impression. He had downloaded the answer sheet at 10.44 am on 16.10.2020. He further stated that at 5.30 pm, the key answers were also published. He claimed that on careful comparison between the OMR answer sheet downloaded at 10.44 am and the key answer downloaded from the official website of the 2nd respondent, the NEET score arrived was 594 out of 720. He further claimed that he belonged to BC category (OBC in All India quota) and was assured of securing admission in Medical UG Course (MBBS). Thereafter the NEET results were declared by the 2nd respondent within a short time and the NEET score of the petitioner was declared as 248, and the All India Quota Rank was declared as 418900.
4. Thereafter, on 17.10.2020, at 14.30 hours, the OMR answer sheet was downloaded and the answers matched the score of 248 out of 720. It was claimed that the questions which were never attempted were shown as attempted and the questions which
The Court held that the original OMR sheet produced by the 2nd respondent was the only one mark sheet of the petitioner and there was no discrepancy in the documents produced by the respondents.
Presumption in favor of the official record and the consequences of deliberate tampering with official documents.
The main legal point established in the judgment is that allegations of forgery/fabrications cannot be inferred without affording an opportunity to the parties to lead evidence, and relief sought can....
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.
Allegations of examination tampering must be substantiated with credible evidence to establish a legal cause of action for relief.
The court affirmed that the integrity of official examination records is paramount, and claims based on discrepancies without credible evidence are insufficient to challenge the results.
Disputed questions of fact and elaborate evidence required for adjudication under Article 226 of the Constitution.
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.
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