W.P.(C) 13513/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of order: 11^th October, 2022

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W.P.(C) 13513/2022 & CM APPL. 41108/2022

SAGAR SRIVASTAVA

..... Petitioner

Through:

Mr. Tatsat Shukla and Mr. Dhiraj

Kumar, Advocates

versus

UNION OF INDIA & ANR.

..... Respondents

Through:

Mr. Rajesh Gogna, CGSC with

Ms. Priya Singh, Advocate for R-1

Mr. Rupesh Kumar and Ms.

Pankhuri Shrivastava, Advocates

for NTA

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

CHANDRA DHARI SINGH, J (Oral)

1. The present petition is being filed by the Petitioner, inter-alia,

seeking the quashing of the final answer key for Set R-5 of NEET(UG)

Exam 2022, which was uploaded on the website of National Testing

Agency (hereinafter referred to as “NTA”) through a press release dated

7^th September 2022.

2. The Respondents had launched online portal for registration for

NEET(UG) Exam 2022 and the Petitioner had registered his name for the

same exam. The Respondents uploaded the Admit Card for the

NEET(UG) Exam 2022 and the exam was conducted on 17^th July 2022.

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W.P.(C) 13513/2022

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3. The provisional answer key along with OMR Sheet and Response

Sheet was uploaded on the official website of NTA on 31^st August 2022

with an option to challenge the answer of questions as uploaded on the

website. The Petitioner challenged the provisional answer key vide his

payment ID CPABZYUGY3 dated 1^st September 2022.

4. Aggrieved by the non-consideration to his challenge, the Petitioner

has approached this Court by way of the present writ petition.

5. Learned counsel appearing on behalf of the Petitioner has made a

vehement plea that the Respondents have failed to appreciate that the

petitioner herein, being a laborious and hard-working student appeared in

the exam of NEET(UG) 2022 to become a Doctor and for this he has

relied on the contents of the NCERT book of Biology, which even as per

Respondents, is the guiding base for preparing for NEET (UG) Exams.

6. He further submitted that the Petitioner has approached the NTA

for clarification by challenging the provisional answer key as uploaded on

the official website of NTA. However, the Respondents have failed to

consider his challenge submitted online for the three disputed questions

(Q.114, Q.172 and Q.177) of the relevant question paper set.

7. It is submitted that after going through the contents of the book of

Biology of Class 11^th and 12^th of NCERT, it is apparent that

question/answer keys were incorrect.

8. Learned Counsel for strengthening his arguments has relied on a

judgment of the Hon’ble Supreme Court in Guru Nanak Dev University

v. Saumil Garg, Civil Appeal No. 5276 of 2005decided on 24^th August

2005, wherein it was held that:

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W.P.(C) 13513/2022

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Lastly, it is submitted that in the above-said discussion on facts as

well as law, the present writ petition may be allowed and inter alia, the

answer key so uploaded by NTA be quashed and set aside.

10.

Per Contra, learned counsel appearing on behalf of the Respondent

No. 2, NTA submitted that the combined results of the examinations

conducted on 17^th July 2022 and 4^th September 2022 were declared on 7^th

September 2022 on the official website of NTA, through a Press Release.

To make the examination system transparent, NTA has evolved the

scheme of displaying the Question Paper and Recorded Responses for the

examinees for verification.

11. Further it is submitted that an opportunity was provided to the

candidates to challenge the answer keys formulated by the NTA. The

challenges/objections received are then again placed before the respective

Subject Experts. The objections so received are considered and examined

exhaustively by the Subject Experts of NTA. If the Subject Experts on

examining the objections finds merit in it, then on their advice NT