SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1980 Supreme(All) 545

IN THE HIGH COURT OF ALLAHABAD
K. N. Goyal and S. C. Mathur, JJ.
KRISHNA KUMAR ROY - Appellant
Versus
STATE OF U.P. - Respondents
Writ Petn. 3108 Of 1980
Decided On : 12/17/1980

The Court's interference with the examiner's decision regarding the correctness of answers in an objective test is limited to cases where the view taken by the authority is such that no reasonable person could possibly take.

Headnote:

C.P.M.T. EXAM - MARKING DISPUTE - COURT'S INTERFERENCE - REASONABLENESS OF EXAMINER'S DECISION - OBJECTIVE TEST - CHOICE OF ANSWERS - SEGREGATION VS. PURITY OF GAMETES - INTERPRETATION OF TEXTBOOKS.

Fact of the Case:

Petitioner, a general candidate in the Combined Pre-Medical Test (C.P.M.T.), challenged the marking of two questions in the Zoology and Botany papers, claiming that the examiners erred in treating his answers as incorrect.

Finding of the Court:

1. The Court held that the examiner's decision regarding the correctness of answers should not be lightly interfered with, but interference is justified if the expert takes a view that no reasonable person could possibly take. 2. In the Zoology paper, the Court found that the examiner's view that the last and final moulting of Ascaris takes place in the lung of man, rather than the intestine, was unreasonable, as all the authorities cited supported the latter. 3. However, the Court declined to disturb the admissions already granted based on the incorrect answer, considering the delay in filing the petition and the disruption it would cause to ongoing studies. 4. Regarding the Botany paper, the Court found that the examiner's choice of 'segregation' as the correct answer to a question about the appearance of tall and dwarf plants in F2 generation was not wholly unreasonable, as both segregation and purity of gametes are related concepts.

Issues: 1. Whether the Court can interfere with the examiner's decision regarding the correctness of answers in an objective test. 2. Whether the examiner's view that the last and final moulting of Ascaris takes place in the lung of man was reasonable. 3. Whether the Court should disturb admissions granted based on an incorrect answer, considering the delay in filing the petition and the disruption to ongoing studies. 4. Whether the examiner's choice of 'segregation' as the correct answer to a question about the appearance of tall and dwarf plants in F2 generation was reasonable.

Ratio Decidendi: 1. The Court's interference with the examiner's decision is limited to cases where the view taken by the authority is such that no reasonable person could possibly take. 2. The examiner's view that the last and final moulting of Ascaris takes place in the lung of man was unreasonable, as all the authorities cited supported the latter. 3. The Court may decline to disturb admissions granted based on an incorrect answer, considering factors such as the delay in filing the petition and the disruption it would cause to ongoing studies. 4. The examiner's choice of 'segregation' as the correct answer to a question about the appearance of tall and dwarf plants in F2 generation was not wholly unreasonable, as both segregation and purity of gametes are related concepts.

Final Decision: The Court allowed the writ petition in part, directing the respondents to award the petitioner four more marks in the Zoology paper and to rearrange the waiting list accordingly. No order was made as to costs.

K. N. GOYAL, J.

( 1 ) COMBINED Pre-Medi- cal Test (for short, C. P. M. T.) is held every year in accordance with the orders of the State Government issued under Section 28 (5) of the U. P. State Universities Act, 1973. This test is conducted by one of the State Universities, and admissions to all the State medical Colleges and the King George Medical College, Lucknow, are made out of the candidates obtaining the highest position in this test subject to various reservations. We are not concerned in this case with reservations.

( 2 ) THE petitioner was one of the general candidates. Four papers are set for the test, each containing 100 questions, each carrying three marks. Thus the maximum marks of all the papers come to 1200. The petitioner secured 875 marks at the last C. P. M. T. All the general candidates who had secured up to 881 marks and some of those who had secured 880 marks have been able to secure admission. Two of the candidates who obtained 880 marks and others who secured less marks are still in the waiting list. The petitioners contention is that if the proper marking had been done then he would have secured more marks than 880.

( 3 ) AFTER the C. P. M. T. was held, correct answers were published as per a key, An-nexure 2 to the writ petition. Against question No. 17 of Chemistry and question No. 45 of Physics paper it was mentioned that "due to some printing errors all the candidates have been given full marks in these two questions". The petitioners contention is that he had answered these questions correctly and it was wrong on the part of the examiners to have given full marks even to the candidates who had not answered these questions correctly. It was conceded before us that the printing error consisted of discrepancies between the English and Hindi versions in the questions. Each paper is a multiple-choice objective style paper. In other words, against each question four alternative answeres, marked 1, 2, 3 and 4 respectively are indicated, and the candidate is expected to note the serial number of the correct alternative in the answer sheet. What happened in regard to these questions was that the serial numbers of the alternatives given in the English version in the left-hand column did not tally with the serial numbers of the same alternatives in the Hindi version given in the right hand column. Such being the situation, the examiners rightly took the view that it could not be ascertained as to which candidate had answered the question correctly. The petitioner cannot prove that he had answered the question correctly as one has no means to find out whether he was guided by the English version or by the hindi version, nor could he prove that any other candidate had answered the question incorrectly. Thus the objection raised on this core was obviously untenable.


( 4 ) THE petitioner has further contended that he had given correct answers to question No. 44 of the Zoology paper and question No. 90 of the Botany paper and that the examiners were wrong in treating his answers as incorrect. The marking admittedly has been done according to the key published by the authority conducting examination, namely, Annexure 2. What has been suggested is that the key itself was wrong so far as the alternatives indicated by the examiners in that key in respect of these questions are concerned.

( 5 ) THE learned Standing Counsel for the respondents 1 and 2, Sri Umesh Chandra, has contended that it is not open to this Court to sit in judgment over the views of the examiners. The decision of the examiners with regard to the correctness of the answers must be treated as final. He has in this context referred to the University of Mysore v. Govinda Rao, AIR 1965 SC 491 (para 12) in which their Lordships held that the view of the academic body as to what should be treated as high second class degree should not be interfered with by the Court. Likewise in Principal, patna College, Patna v. K. S. Raman (AIR 1966 SC 707) it has hel































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top