Hon’ble Tarun Agarwala, J.—As per regulations framed under the Indian Medical Council Act, 1956 as amended in 2016 and the Dentist Act, 1948 as amended in 2016, the National Eligibility Cum Entrance Test (UG) (Session 2017-18) [hereinafter referred to as NEET (UG) 2017] was to be conducted by the Central Board of Secondary Education (CBSE) for admission to MBBS/BDS courses in India in Medical/Dental Colleges run with the approval of the Medical Council of India/Dental Council of India under the Union Ministry of Health and Family Welfare, Government of India. In order to be eligible for admission in MBBS/BDS courses, it was necessary for the candidates to obtain minimum marks in NEET (UG) 2017. The admission in MBBS/BDS courses was based solely on the marks obtained in the NEET.

2. The responsibility of the CBSE was limited to the conduct of the entrance test, declaration of result and providing All India Rank to the Directorate General of Health Services, New Delhi for counselling of 15% of All India Quota Seats and providing the result to the State Counselling Authorities.

3. The entrance test consisted of one paper containing 180 objective type questions (four options with single correct answer) from Physics, Chemistry and Biology (Botany & Zoology) to be answered on the specially designed machine-gradable sheet using Ball Point Pen provided by CBSE at examination centre only. The question papers for the test was based on a common syllabus notified by the Medical Council of India. The CBSE was required to display OMR sheets and responses credited by the machine of all the candidates on its official website. The candidates were also allowed to submit a representation against OMR grading on payment of Rs. 1000/- per response challenge. It was also intimated in the Information Bulletin that the deposit of Rs. 1,000/- per response would be refunded to the candidate in the event his/her challenge was accepted by the Board. In the information Bulletin it was also indicated that to be eligible for admission the candidate was required to obtain a minimum of 50% marks in the NEET examination. It was also indicated that for each question four marks would be awarded and one mark would be deducted in the event a candidate gives a wrong answer.

4. Based on the information Bulletin, which was issued by the respondents, the petitioner applied for NEET examination for the purpose of seeking admission to MBBS/BDS courses. The petitioner appeared in the NEET examination and was provided a test booklet code “Y” by the examining body. The results were declared and the petitioner was awarded 665 marks out of total 720 marks. His All India Rank was 137 and category rank was 93.

5. Upon the display of the answers provided by the CBSE, the petitioner was dismayed to see that the official answer to question No. 172 of test booklet “Y” was incorrect and, accordingly, submitted a representation against the OMR grading on payment of Rs. 1,000. Relying upon the Physics, Part I, Textbook for Class XI, prescribed by the National Council of Educational Research And Training (NCERT) the petitioner contended that the official answer (b) and (d) to question No. 172 was incorrect. Upon getting no response from the respondents to the challenge, the petitioner applied for information under the Right to Information Act, 2005. Even this application remained pending and no reply was given by the respondents. Since admission started on the basis of the result declared and the petitioner was not given the necessary information, the petitioner filed the present writ petition praying for a writ of mandamus commanding the respondents to take a decision on the challenge made by the petitioner on question No. 172 of test booklet code “Y” and further to award 05 marks to the petitioner with respect to question No. 172. The petitioner further prayed for a writ of mandamus commanding the respondents to revise the merit/rank of the petitioner as a result of change in