Delhi High Court
Sagar Srivastava vs Union Of India & Anr. on 11 October, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of order: 11th October, 2022
+ 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
ORDER
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
7th 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 17th July 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 1st 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 11th and 12th 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 2005 decided on 24th August
2005, wherein it was held that:
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"11. What is paramount is the interest of the
student community. Merit should not be a casualty.
We feel that the interest of the students would be
adequately safeguarded if we direct the Appellant
University to evaluate the answers of the foresaid
eight questions with reference to the key answers
provided by CBSE and the university of Delhi,
which are the same and not with reference to the
key answers provided by the Appellant University."
9. 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 17th July 2022 and 4th September 2022 were declared on 7th
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 NTA
modifies its answer key accordingly, and gives appropriate benefit to the
candidates. However, if the subject experts are of the view that the
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answer contained in the answer key is a correct answer, no modification
in the answer key is carried out.
12. Further, it is submitted that the final answer keys are decided by
the experts, after the challenges received from the candidates are settled
by the respective Subject Experts. The Result is then declared on the
basis of the final/revised answer key recommended by the respective
subject experts only.
13. It is submitted that similar process was followed in the present
case, NTA displayed the provisional answer keys, OMR answer sheets
and recorded responses to the candidates during the period 31 st August
2022 to 2nd September 2022. Public Notice to the same effect was also
issued for information of the Candidates on the Portal (neet.nta.nic.in).
14. It is further submitted that during the window period, the
Petitioner/candidate filed objections to Q. Nos. 114, 172 and 177 of "R5",
and all the objections, including the one preferred by the Petitioner were
placed before the Subject Experts. Upon examining the objection to Q.
Nos. 114, 172 and 177 of R5, the Subject Expert(s) did not find any merit
in the challenges preferred by the candidates and accordingly, rejected the
challenges and retained the provisional answer key. Accordingly, on the
basis of the opinion of the expert[s], the answer key(s) was finalized, and
the result was declared.
15. He further submits that the format of the Multiple Choice Question
Paper Exam as in the present case is such that, four options will be
provided to a question and only one is considered to be the most
appropriate/correct answer. It is submitted that the purpose of posing
question with multiple options is to test the knowledge, clarity,
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intelligence and capability of the candidates to think out of the box and
complete the exam within a particular frame of time.
16. Learned counsel has relied on H.P. Public Service Commission v.
Mukesh Thakur, (2010) 6 SCC 759, wherein the Hon'ble Supreme Court
inter-alia, held that it was not permissible for the High Court to examine
the question paper and the answer sheet itself particularly when the
examining body has assessed the inter se merit of the candidates. If there
was a discrepancy in framing the question or evaluation of the answer, it
was for all the candidates appearing in the examination and not for the
Respondent/candidate alone.
17. Further, the learned counsel has relied on Ranvijay Singh v. State
of U.P, (2018) 2 SCC 357, wherein the Hon'ble Supreme Court
summarized the law on the subject and held that:
"the court should not at all reevaluate or scrutinize
the answer key. It has no expertise and academic
matters are best left to academicians. Court should
presume the correctness of the Answer Key and
proceed on that assumption. In the event of doubt,
the benefit of doubt should go to the examination
authority, rather than the candidate."
18. Learned counsel has lastly relied on a recent judgment by a co-
ordinate bench of this Hon'ble Court, in the case of Freya Kothari v.
Union of India & Ors., W.P.(C) 13668 of 2022 decided on 22nd
September 2022, wherein challenge to answer key issued by the NTA
impugned herein including challenge to Q. No. 114 and Q. 172 impugned
herein was dismissed with the following observations:
―36. This Court does not find that the answers
provided in the answer key for the question Nos.
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63, 127, 133 and 164 are such demonstrably wrong
and incorrect to fall within the parameters set by
the Hon'ble Apex Court warranting judicial
interference.
37. The law as settled by the Hon'ble Apex Court
as well as this Hon'ble Court does not permit this
Court to doubt the wisdom of the experts. This
Court does not feel the issues raised to be within
the scope of judicial review.
38. In view of the above, this Court finds no merit
in the writ petition. The same, along with all the
pending applications, is hereby dismissed‖
19. Heard learned counsel for the parties and perused the record. I have
given thoughtful consideration to the submissions made by the parties.
20. The issue as to the extent and power of the Courts to interfere in
matters of academic nature has been the subject matter of a number of
judicial decisions and is no longer res integra as it has already been
settled by the Hon'ble Supreme Court as well as by this Court.
21. In Kanpur University, through Vice Chancellor and Others vs.
Samir Gupta and Others, (1983) 4 SCC 309 , the Hon'ble Supreme
Court while dealing with a case relating to the Combined Pre Medical
Test held as follows:
―16...........We agree that the key answer should be
assumed to be correct unless it is proved to be
wrong and that it should not be held to be wrong
by an inferential process of reasoning or by a
process of rationalization. It must be clearly
demonstrated to be wrong, that is to say, it must be
such as no reasonable body of men well-versed in
the particular subject would regard as
correct.........‖
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22. In Ran Vijay Singh and Others vs. State of Uttar Pradesh and
Others, (2018) 2 SCC 357), the Hon'ble Supreme Court after referring to
a catena of judicial pronouncements summarized the legal position in the
following terms:-
―30. The law on the subject is therefore, quite
clear and we only propose to highlight a few
significant conclusions. They are:
30.1. If a statute, Rule or Regulation governing an
examination permits the re-evaluation of an
answer sheet or scrutiny of an answer sheet as a
matter of right, then the authority conducting the
examination may permit it;
30.2. If a statute, Rule or Regulation governing an
examination does not permit re-evaluation or
scrutiny of an answer sheet (as distinct from
prohibiting it) then the court may permit re-
evaluation or scrutiny only if it is demonstrated
very clearly, without any ―inferential process of
reasoning or by a process of rationalisation‖ and
only in rare or exceptional cases that a material
error has been committed;
30.3. The court should not at all re-evaluate or
scrutinise the answer sheets of a candidate--it has
no expertise in the matter and academic matters
are best left
30.4. The court should presume the correctness of
the key answers and proceed on that assumption;
and 30.5. In the event of a doubt, the benefit should
go to the examination authority rather than to the
candidate.‖
―31. On our part we may add that sympathy or
compassion does not play any role in the matter of
directing or not directing re-evaluation of an
answer sheet. If an error is committed by the
examination authority, the complete body of
candidates suffers. The entire examination process
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does not deserve to be derailed only because some
candidates are disappointed or dissatisfied or
perceive some injustice having been caused to
them by an erroneous question or an erroneous
answer. All candidates suffer equally, though some
might suffer more but that cannot be helped since
mathematical precision is not always possible. This
Court has shown one way out of an impasse --
exclude the suspect or offending question.
32. It is rather unfortunate that despite several
decisions of this Court, some of which have been
discussed above, there is interference by the courts
in the result of examinations. This places the
examination authorities in an unenviable position
where they are under scrutiny and not the
candidates. Additionally, a massive and sometimes
prolonged examination exercise concludes with an
air of uncertainty. While there is no doubt that
candidates put in a tremendous effort in preparing
for an examination, it must not be forgotten that
even the examination authorities put in equally
great efforts to successfully conduct an
examination. The enormity of the task might reveal
some lapse at a later stage, but the court must
consider the internal checks and balances put in
place by the examination authorities before
interfering with the efforts put in by the candidates
who have successfully participated in the
examination and the examination authorities. The
present appeals are a classic example of the
consequence of such interference where there is no
finality to the result of the examinations even after
a lapse of eight years. Apart from the examination
authorities even the candidates are left wondering
about the certainty or otherwise of the result of the
examination -- whether they have passed or not; 8
whether their result will be approved or
disapproved by the court; whether they will get
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admission in a college or university or not; and
whether they will get recruited or not. This
unsatisfactory situation does not work to anybody's
advantage and such a state of uncertainty results in
confusion being worse confounded. The overall
and larger impact of all this is that public interest
suffers.‖
23. Therefore, a strong burden is placed on the candidates to not only
demonstrate that the key answer is incorrect but also that there is a
glaring mistake which is totally apparent on the face which requires no
inferential process or reasoning to show that the key answer is wrong. At
the cost of re-iteration, it can be said that the law is black and white qua
the present subject-matter that the Constitutional Courts must exercise
great restraint and should be reluctant to entertain a plea challenging the
correctness of the key answers.
24. In the present case, the Respondents have followed an elaborative
process to consider the objections so raised by the candidates. All the
objections have been duly considered by the Subject Experts and it is
only after that the final answer key has been finalized. This Hon'ble court
cannot sit as an appellate authority over the wisdom and expertise of the
experts. Courts cannot be expected to usurp the powers of experts in
academic matters. Unless, the candidate demonstrates that the key
answers are patently wrong on the face of it, the courts cannot enter into
the academic field.
25. In the instant case, all the 3 questions impugned here require an
elaborative process of argumentation and reasoning. This is clear from
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the submission of the Petitioner in the writ petition which has been
reproduced below:
"QUESTION PAPER SL NO 7000242(AOLBH)
SET R-5
OF NEET(UG) EXAM HELD ON 17 JUL 2022
Question 114: Read the following statements about
the vascular bundles:
(a) In roots, xylem and phloem in a vascular
bundle are arranged in an alternate manner along
the different radii.
(b) Conjoint closed vascular bundles do not
possess cambium.
(c) In open vascular bundles, cambium is present
in between xylem and phloem.
(d) The vascular bundles of dicotyledonous stem
possess endarchprotoxylem.
(e) In monocotyledonous root, usually there are
more than six xylem bundles present.
Choose the correct answer from the options given
below:
(1) (a),(c),(d) and (e) only
(2) (a),(b) and (d) only
(3) (b),(c),(d) and (e) only
(4) (a),(b),(c) and (d) only
Answer as per NTA:- (3) (b),(c),(d) and (e) only
Answer as per Petitioner: (l){Due to unavailability
of correct option, petitioner chose option (1). The
answer of NTA is also incorrect. Hence, it is a
wrong question. Marks for this wrong question as
a bonus should be given to the petitioner.}
Justification: Statement (b), (c), (d), (e) are
correct statement but statement (a) is also correct
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as per NCERT Biology textbook class 11th page 90
section 6.2.3. So, statement (a), (b), (c), (d) and (e)
all are correct statement and no options are
available for correctness of statement (a), (b), (c),
(d) & (e). So, there is no correct option in the
question. Hence marks should be given to the
petitioner for this question.
Reference: Para 6.2.3 on page 90 of Chapter 06 of
Biology of Class (NECRT Book) attached as
Annexure P-10
Question 172: Given below are two statement:
Statement I:
The release of sperms into the seminiferous tubules
is called spermiation.
Statement II:
Spermiogenesis is the process of formation of
sperms from spermatogonia.
In the light of the above statements, choose the
most appropriate answer from the options given
below:
(1) Statement I is incorrect but statement II is
correct.
(2) Both Statement I and Statement II are correct
(3) Both Statement I and Statement II are
incorrect.
(4) Statement I is correct but Statement II is
incorrect.
Answer as per NTA:- (4) Statement I is correct but
statement II is incorrect
Answer as per Petitioner: (3) Both statement I and
Statement II are incorrect.
Justification: Both the statement I and statement II
are incorrect as per text in NCERT class 12th
Biology textbook on page number 47 section
3.3.The text from
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NCERT mentions the word "from' for the release of
sperm and the statement I in the question mentions
the word "into" instead of "from" given in NCERT
for
the same process. The meaning of the two word
from and into is entirely different and the two
words are certainly not synonyms. Any student who
has read NCERT textbook and has been expected
to read NCERT textbook for NEET is highly likely
to consider the statement I given in the question as
incorrect hence the answer should be option (3)
and not option (4) as given in the official answer
key released by NTA. Hence, marks should be
given for this question to the petitioner.
Reference: Para 3.3 on page no 47 of Chapter 3 of
Biology for class 12^ (NECRT Book) attached as
Annexure P-11.
Question 177: Which of the following statements
are true for spermatogenesis but do not hold true
for Oogenesis?
(a) It is result in the formation of haploid gametes.
(b) Differentiation of gamete occurs after the
completion of meiosis.
(c) Meiosis occurs continuously in a mitotically
dividing stem cell population.
(d) It is controlled by the Luteinisinghormone(LH)
and Follicle Stimulating Hormone (FSH) secreted
by the anterior pituitary.
(e) It is initiated at puberty.
Choose the most appropriate answer from the
options given below:
(1) (b),(c) and (e) only
(2) (c) and (e) only
(3) (b) and (c) only
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(4) (b),(d) and (e) only
Answer as per NTA:- (1) (b),(c) and (e) only
Answer as per Petitioner: (3) (b),(c) only {Due to
unavailability of correct option petitioner chose
option (3). The answer of NTA is also incorrect.
Hence, it is a wrong question. Marks for this
wrong question as a bonus should be given to the
petitioner.}
Justification: There is error with the language
given in the statement (c) in the question. The use
of word "continuously" in the said statement gives
a different meaning to the concept as mentioned in
the NCERT class 12th Biology textbook page
number 47 section 3.3. "Some of the
spermatogonia called primary spermatocyte
periodically undergo meiosis." The text from
NCERT quoted above mentions the word
"periodically" while the statement (c) in the
question given in NEET question paper mentions
the word "continuously" instead of "periodically"
given in NCERT for the same process. The
meaning of the two
word periodically and continuously is entirely
different and the two words are certainly not
synonyms any student who has read NCERT
textbook and has been expected to read NCERT
textbook for NEET is highly likely to consider the
statement (c) given in the question as incorrect.
The answer of NTA is also incorrect. Hence, it is a
wrong question. Marks for this wrong question as
a bonus should be given to the petitioner.
Reference: Para 3.3 on page no 47 of Chapter 3 of
Biology for class 12'^^ (NECRT Book) attached as
Annexure P-11 ."
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26. It is pertinent to refer to a recent decision by a co-ordinate bench of
this Court in Freya Kothari v. Union of India, W.P. (C) 13668/2022, an
identical challenge was made to the answer key issued by Respondent
No. 2 and answer to Q. 114 and Q.172 which has been assailed in this
instant writ petition were rejected. The relevant portion of the judgment is
reproduced below:
33. It is obvious from the perusal of the extract of
the NCERT textbook relied upon by the petitioner
that the answers are debatable and therefore, it is
beyond the scope of judicial review.
34. As held by the Hon'ble Division Bench of this
Court in the case of Kishore Kumar vs. High Court
of Delhi (supra), the interference, in such cases, is
restricted only in cases where arbitrariness is ex-
facie demonstrable
35. The Hon'ble Division Bench of this Court in a
recent judgment dated 05.08.2022 in the case of
National Board of Examination vs. Association of
MD Physicians: LPA 225/2021, in similar
circumstances where the alleged incorrect
questions were challenged in relation to the
screening test, conducted in exercise of power
under Section 33 of Indian Medical Council Act,
held as under:
―17. The foregoing cases cement the finding that
Judges are not and cannot be experts in all fields,
and the opinion of experts cannot be supplanted by
a Court overstepping its jurisdiction. It needs to be
demonstrated by a candidate that the key answers
are patently wrong on the face of it, and if there is
any exercise conducted by the Court wherein the
pros and cons of the arguments given by both sides
need to be taken into consideration, that will
inevitably amount to unwarranted interference on
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the part of the Court. When there are conflicting
views, it is incumbent upon the Court to bow down
to the opinion of the experts which, in this case,
was the Expert Committee constituted by the NBE.
18. The submissions made by the learned Senior
Counsel hold weight inasmuch as the Court cannot
step into the shoes of the examiner and render an
opinion contrary to that of the Expert Committee.
If the error in the question is manifest and
palpable, and does not require any elaborate
argument, then the Writ court may choose to
intervene. However, where the errors do not show
their heads without a detailed and elaborate probe
into the opinions of experts, the Court must stay its
hands. It would not be prudent for a Court to
conduct itself like an expert in a subject alien to it
when an entire body of experts has arrived at a
contradictory stand. It is also not for the Courts to
interfere in such matters, except in absolutely rare
and exceptional cases, especially in view of the fact
that the instant examination pertains to the
practice of medicine - a field that requires the
exercise of utmost care and caution.‖
36. This Court does not find that the answers
provided in the answer key for the question Nos.
63, 127, 133 and 164 are such demonstrably wrong
and incorrect to fall within the parameters set by
the Hon'ble Apex Court warranting judicial
interference.
37. The law as settled by the Hon'ble Apex Court
as well as this Hon'ble Court does not permit this
Court to doubt the wisdom of the experts. This
Court does not feel the issues raised to be within
the scope of judicial review.
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38. In view of the above, this Court finds no merit
in the writ petition. The same, along with all the
pending applications, is hereby dismissed.
27. In view of the above-said discussion on facts and law, I do not find
any merit in the instant writ petition and accordingly, it is dismissed.
28. Pending applications, if any, also stands dismissed.
29. The order be uploaded on the website forthwith.
(CHANDRA DHARI SINGH)
JUDGE
OCTOBER 11, 2022
Dy/mg
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