Judicial review in academic matters is limited; courts should defer to expert opinions unless clear malafide is demonstrated.

ORDER :

(C.V. KARTHIKEYAN, J.)

This Writ Petition has been filed in the nature of a Mandamus seeking a direction against the 1^st respondent, the Secretary, Health and Family Department, Chennai, to grant 9 marks to the petitioner for the questions which the petitioner had answered, according to her, correctly for the main written examination conducted for the post of Assistant Surgeon (General), which was held consequent to Notification No.01/MRB/2024 dated 15.03.2024 issued by the respondents.

2.The petitioner had qualified herself as MBBS doctor and had also completed a course from the Tamil Nadu Dr.M.G.R. Medical University, Guindy, Chennai and had also registered herself with Tamil Nadu Medical Council. It is therefore held out that the petitioner has more than required knowledge in the medical field and therefore, would be able to answer the questions, which are put and tender the correct answers for them. The petitioner had applied for the post of Assistant Surgeon (General) and was also permitted to write the main written examination. In that particular examination questions would be put up and there would be four separate choices and the candidate will have to chose the correct choice.

3.It is also to be noted that in questions of such nature, the paper is set such that each one of the four questions could be probably correct, but the skill and knowledge of the candidate is tested to find out not the probable answer but the exact correct answer out of the four choices. It could not be stated that other three answers are totally wrong and way off the mark. They could also relate to the question, they could be similar in nature, but the answers are not exactly apt or correct. There is an underlying difference among each one of the four choices. The questions are set only in that particular manner.

4.The petitioner herein had raised for discussion her answers as given for question Nos.20, 22, 23, 49, 57, 64, 70, 83 and 98. But however, during the course of arguments, the learned counsel for the petitioner had restricted himself to calling upon this Court to re-examine the key answers as given only for question Nos.20, 64, 70, 83 and 98 alone. It is not known why the other questions namely, 22, 23, 49, 57 had been left out during the course of arguments. When a challenge is made to the answers as projected by the respondents for totally 9 questions and arguments are advanced only with respect to 5 questions, and the challenge of 4 questions is dropped, a presumption could also be drawn that the petitioner had come to Court by choosing random questions with the hope that some of them could be examined in a different light by the Court than the what had been shown as the key answers.

5.In the matters objective type questions are put up to the candidates, there must be definiteness in the answers given and definiteness in the assertion that particular answer alone is correct and none other is correct. When in the affidavit, challenge is made to 9 separate questions but arguments are advanced only with respect to 5 questions, a thought process occurs in the mind, to probe the reason why 5 questions alone have been restricted during the course of arguments, and not 7 or 8 even, and not even 2 or not even 1. A touch of arbitrariness, therefore has entered into the field during the course of arguments. But, let me not hold that as against the petitioner herein. The petitioner questions the correctness of the key answers as given for question Nos.20, 64, 70, 83 and 98.

6.Let me also be very candid in pointing out that the petitioner had written the examination to be selected as Assistant Surgeon (General) and the basic qualification was eligibility to practise as a medical professional. This Court is not an expert in any of the fields touching upon a medical professional and not even on individual subjects relating to medicine. But however, the Court has been called upon to examine the correctness of the key answers projected.

7.The Hon'b