Delhi High Court
Dr. Rajeev Kumar vs The Union Of India & Ors on 28 May, 2014
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2275/2010
DR. RAJEEV KUMAR ..... Petitioner
Through: Mr. Prashant Bhushan with Ms. Sloka
Rawat, Advs.
Versus
THE UNION OF INDIA & ORS ..... Respondent
Through: Ms. Meera Bhatia, Adv. for UOI.
Mr. Nikhil Nayyar with Mr. Ambuj
Agrawal, Advs. for R-4/IIT Kanpur.
Mr. Anand Varma, Adv. for R-5/IIT
Kharagpur.
Mr. Arjun Mitra, Adv. for R-6/IIT
Delhi.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
ORDER
% 28.05.2014
CM No.7156/2014 (for direction)
1. This present application is filed seeking the following directions:
"Direct respondents to invite objections from candidates/public
(stakeholders) regarding correctness of the answer-keys before
evaluating the ORS, and then considering the objections by subject
experts so that corrections, if any, could be made in the answer keys
before initiating the evaluation of the ORS of JEE (Advanced)
2014."
2. The counsel for respondent, IIT Kharagpur, which is conducting the
JEE (Advanced) Examination this year appearing on advance notice states
that though in the schedule of the examination already published, there is no
provision for inviting objections to the answer key but IIT Kharagpur is open
to considering the said objections to the answer key.
3. The petitioner has sought consideration of the objections, if any, filed
to the answer key by outside expert. The counsel for the petitioner has also
argued that objections be permitted to be filed from 1 st June, 2014 to 10th
June, 2014, since the result of the examination is scheduled to be announced
only on 19th June, 2014.
4. We are however not inclined to agree with the aforesaid. As per the
schedule, published as far back as in the month of January, 2014, the answer
key is to be displayed on the website from 1st June, 2014 and the ORS of all
the candidates who would have appeared both in Paper-I and Paper-II, to be
displayed on the website from 8th June to 11th June, 2014 along with the
machine-read responses and the marks scored. That means that the ORS are
to be read by the OMR prior to 8th June, 2014 and the answer key has to be
ready by then. The time for correcting the answer key cannot thus extend
beyond 8th June, to 10th June, 2014 as is suggested. We are also of the view
that in this short time available, we cannot impose any condition for
examination of the objections, if any, to the answer key by outside experts.
The counsel for the respondent IIT Kharagpur states that the objections shall
be considered by the same Committee of persons who had prepared the
answer keys.
5. We accordingly dispose of this application with the following
directions:
(i) A notice be forthwith displayed on the website of JEE
(Advanced), 2014 to the effect that objections to the answer key to be
displayed with effect from 1st June, 2014 can be lodged till 5th June,
2014;
(ii) The objections if any received be considered, either by the
Committee of the persons who prepared the answer key or by such
other persons who may be qualified and who may be available to do
so in the short time before the ORS are to be read by the OMR and in
accordance therewith, the answer key if so required to be corrected.
(iii) Else, the schedule as already prescribed, of displaying the ORS
of all the candidates from 8th June to 11th June, 2014 be followed.
Copy of order be given dasti under the signature of Court Master.
CHIEF JUSTICE
RAJIV SAHAI ENDLAW, J.
MAY 28, 2014
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