Tuesday, 12, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

J.Daniel Vimal Davidson Gnanaiah vs The Chairman
2022 Latest Caselaw 16523 Mad

Citation : 2022 Latest Caselaw 16523 Mad
Judgement Date : 18 October, 2022

Madras High Court
J.Daniel Vimal Davidson Gnanaiah vs The Chairman on 18 October, 2022
                                                                        W.P(MD)No.21240 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED: 18.10.2022

                                                 CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                       W.P(MD)No.21240 of 2022
                                                and
                                  W.M.P(MD)No.15427 & 15428 of 2022


                J.Daniel Vimal Davidson Gnanaiah
                S/o.Dr.Joseph Raj,
                Minor represented by mother and Natural Guardian
                Dr.K.Latha,
                No.1/593 (9) Goden Avenue Street,
                P & T Nagar,
                Madurai District.                           ...Petitioner

                                                       Vs

                1.The Chairman,
                  Ministry of Health and Family Welfare,
                  Government of India,
                  New Delhi.

                2.The Senior Director,
                  National Testing Agency,
                  NSIC-MDBP Building, Okhla Industrial Estate,
                  New Delhi-110 020.

                3.The Principal Secretary,
                  Department of Health and Family Welfare,
                  Government of Tamil Nadu,
                  Fort St., George,
                  Chennai.

                4.The Director of Medical Education,
                  Kilpauk,
                  Chennai.                                       ..Respondents



https://www.mhc.tn.gov.in/judis
                1/24
                                                                          W.P(MD)No.21240 of 2022


                Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, to call for
                the records pertaining to the Test Booklet Code Q4, Question Nos.123 and
                166 and the impugned claimed answer key list, in so far as answers to
                Questions Nos.123 and 166 and declare the same as incorrect answers
                and consequently direct the second respondent to provide 10 marks to the
                petitioner's son J.Daniel Vimal Davidson Gnanaiah, ( 17 years) (4 marks
                each for the correct answer and restoring one negative mark each for
                each questions) who participated in the NEET National Eligibility-cum-
                Entrance Test (UG) 2022, dated 17.07.2022.


                                    For Petitioner    :Mr.R.Murugan
                                    For R1            :Mr.T.Mahendran
                                                  Central Government Standing Counsel
                                    For R2            :Mr.P.Karthick
                                                       Standing Counsel
                                    For R3 & R4       : Mr.N.Ramesh Arumugam
                                                        Government Advocate


                                                     ORDER

The petitioner Mrs.K.Latha is the mother of one Daniel Vimal

Davidson Gnanaiah. The petitioner's son, who is aged about 17 years

filed this writ of Certiorarified Mandamus calling for the records pertaining

to the Test Booklet Code Q4, Question Nos.123 and 166 and the

impugned claimed answer key list, insofar as answers to Questions

Nos.123 and 166 and declare the same as incorrect answers and

consequently direct the second respondent to provide 10 marks to the

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

petitioner's son (4 marks each for the correct answer and restoring one

negative mark each for each questions), who participated in the NEET

National Eligibility-cum-Entrance Test (UG) 2022 dated 17.07.2022.

2. The petitioner's son participated in the NEET National Eligibility-

cum-Entrance Test (UG) 2022 conducted by the 2 nd respondent and claims

that he has written the examination very well and according to him, the

answers given by him for Question Nos.123 & 166 is correct, but the NTA

has rejected his claim and states the petitioner's son has chosen a wrong

answer. As per Biology Text Book for class XI & XII published by NCERT

gives a different answer, which has been relied on by the petitioner, but

that answer was rejected by the NTA and therefore, the petitioner has

challenged the said examination questions before this Court. The question

booklet No.Q4, Question Nos.123 & 166 are reproduced hereunder:-

“123.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 with 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 endarch protoxylem

(e) In monocotyledonous root, usually there are more

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

than six xylem bundles present.

Choose the correct answer from the options given below (1) (a), (b) and (d) only (2) (b), (c), (d) and (e) only (3) (a), (b), (c) and (d) only (4) (a), (c) , (d) and (e) only The correct answer is “all” as per Biology Text Book for class XI published by NCERT, the same is reproduced hereunder:

(a) When Xylem and Phloem within a vascular bundle are arranged in a alternate manner along with different radii. The arrangement is called Radii such as in roots. (Page No.90 Point No.6.2.3)

(b) In monocotyledons the vascular bundles have no cambium present in them. Hence they do not form secondary tissues and they are referred to as closed. (Page No.90 Point No.6.2.3)

(c) Cambium is present between xylem and phloem. (Page No.90 Point No.6.2.3)

(d) Each vascular bundle is conjoint, open and with endarch protoxylem. (Page No.93 Point No.6.3.3)

(e)There are usually more than 6 xylem bundles in monocot root (Page No.91) Point No.6.3.2 Hence the answer is all for the question No.123 whereas, the option is not there. Hence, the required marks should be provided.

166. “Given below are two statements

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

Statement 1:

The release of sperms into the seminiferous tubules is called spermiation

Statement II:

Spermiogenesis is the process of formation of sperms from spermatagonia In the light of the above statements choose the most appropriate answer from the options given below: (1)Both Statement I and Statement II are Correct (2) Both Statement I and Statement II are Incorrect (3)Statement I is correct but Statement II is incorrect (4)Statement I is Incorrect but statement II is correct”.

4. I further submit that the petitioner's son has chosen the option 2.

“Both Statement I and Statement II are Incorrect” and the same is the most appropriate answer. Whereas, in the claimed answer key list Answer No.166 is stated as option 3 is the most appropriate answer. The answer of option 3 is incorrect as per the National Council of Educational Research and Training which has been published at the Publication Division by the Secretary, National Council of Educational Research and Training, Sri Aurobindo Marg, New Delhi and printed at Pankaj Printing Press, D.28, Industrial Area, Site A, Mathura (Uttar Pradesh), Page No.47. wherein spermiation is printed as under:

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

“After Spermiogenesis sperm heads become embedded in the sertoli cells and are finally released from the seminiferous tubules by the process called spermiation.” As per the claimed answer key list for Test Booklet Code Q4 Question No.166 the answer is mentioned as option 3 is the most appropriate answer from the option, I.e., Statement 1 is correct.

3. The learned counsel for the petitioner further submits that the

Statement 1 refers to the release of sperms into the seminiferous tubules

is called spermiation whereas, the National Counsel of Educational

Research and Training Book, Biology Text Book for Class XII, Page No.47,

it has been mentioned, “ After Spermiogenesis sperm heads become

embedded in the sertoli cells and are finally released from the

seminiferous tubules by the process called spermiation.”

4. He would further submit that the option 3 given in the Test

Booklet Code Q4 insofar as question Nos.123 is concerned, the answer

must be all, however, the said option is not available in the claimed

answer key list, whereas, it is stated as “2” the said answer is not at all

correct. Insofar as question No.166 is concerned, the word appearing in

the claimed answer “into and the work from appearing in the Biology Text

Book for Class XII published by National Council of Educational Research

and Training are not only different but also convey the opposite meaning.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

Hence the answer chosen by the petitioner's son is the most appropriate

option and hence, he is entitled for 4 marks to this question. That apart

the negative mark deducted from the score of the petitioner's son is 1

mark and the net effect is 5 marks less to the petitioner's son but for the

wrong answer furnished in the claimed answer key list.

5. Due to the mistake committed by the second respondent, no fault

on the part of the petitioner's son, he is exposed to serious risk of

lowering by 5 marks in the ranking list, which will have a serious impact

and bearing in his career. The result of NEET National Eligibility cum

Entrance Test (UG) 2022, is going to be published on 07.09.2022. The 5

marks difference stated above is petitioner's entitlement and losing the

same on account of the mistake committed in the claimed answer key list

to question No.166 in the Test booklet Code Q4 will not only derail the

petitioner but also degrade in the ranking list.

6. He challenged the claimed answer key list in so far as Question

No.123 & 166 are concerned, on 01.09.2022 through online and there is

no response for the same from the second respondent. Hence, he

challenged the impugned claimed answer key list insofaras question

No.166 is concerned to the Test booklet code Q4 is liable to be quashed.

The option furnished as 3 in the claimed answer key list in so far as to

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

question No.166 is not correct and hence, the same is liable to be set

aside.

7. The word appearing in the test booklet code Q4 question No.166

“into” and the word “from” appearing in the Biology Text Book for class

XII published by National Council for Educational Research and Training

are not only different but also convey a negative meaning to each other

and hence, the claimed answer key list for question No.166 option 3 is

totally wrong answer and the same does not have any legs to stand

before the Court of law. The incorrect option 3 furnished in the claimed

answer key list for question No.166 is not consonance with the answer

available in the book, followed throughout the nation and hence, the same

is liable to be set aside on that score alone. In support of his contention,

the petitioner has produced the test booklet 'Q4'.

8. The learned counsel for the second respondent has filed the

counter affidavit, wherein, the Director at National Testing Agency has

sworn the affidavit. He would submit that the present writ petition is

entirely misconceived as no fundamental or legal rights of the petitioner

has been violated by NTA and the same deserves to be dismissed at the

outset.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

9. It is a settled law that it is for the experts/academic bodies and

not for the Courts to go into the correctness of the answers contained in

the answer key; when there are conflicting views, then the Court ought to

bow down to the option of the experts; Courts ought not to take on the

role of experts in academic matter and it must exercise great restraint

and should be reluctant to entertain a plea challenging the correctness of

the key answers.

10.He would further submit that the National Testing Agency (NTA)

has been established by the Ministry of Human Resource Development

(MHRD), which is now known as the Ministry of Education, Government of

India (GOI), as an independent, autonomous and self-sustained premier

testing organization under Society Registration Act, 1860 for conducting

efficient, transparent and international standards tests in order to assess

the competency of candidates for admissions to premier Higher Education

Institutions.

11. As per Section 14 of the National Medical Commission Act, 2019,

the National Eligibility-cum-Entrance Test (NEET (UG)] has to be

conducted as a common and uniform examination for admission to

undergraduate medical education in all medical institutions. Similarly, as

per Section 14 of the National Commission for Indian System of Medicine

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

Act, 2020, there shall be a uniform NEET (UG) for admission to

undergraduate courses in each of the disciplines I.e., BAMS, BUMS, and

BSMS courses of the Indian System of Medicine in all Medical Institutions

governed under this Act. NEET (UG) shall also be applicable to admission

of BHMS course under National Commission for Homeopathy.

12. National Testing Agency conducted the National Eligibility-cum-

Entrance Test (UG) for 1872343 candidates at 3570 different Centres

located in 497 Cities throughout the country including 14 Cities outside

India on 17 July 2022 (Sunday) from 02:00 P.M., to 05:20 P.M.(IST).

13. He would further submit that the Candidate applied for NEET

(UG) 2022 and appeared for the examination on 17.07.2022 with

Application Number:220410446318 and Roll Number:4108050393 from

the Exam Centre No.410805 (The Navodaya Academy Senior Secondary

School, Kapur Mian Road, Keerambur, Namakkal, Tamil Nadu-637 207. To

make the examination system transparent, NTA has evolved the scheme

of displaying the Question Paper and Recorded Responses for the

examinees for verification. Further, an opportunity is provided to the

candidates to challenge, if any, the answer keys to the Questions.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

14. As per the scheme for the NEET (UG) 2022, the subject experts

appointed by NTA have duly considered the objections/challenges to the

answer keys issued for the said exam including those preferred by the

petitioner in the present writ petition. The final answer keys for the said

examinations have been prepared after duly examining the challenges and

that the petitioner has no vested right to review/challenge the decision of

the subject experts of the NTA. In this regard, clauses 14.2 of the

Information Bulletin issued for NEET (UG) 2022 may be noted, which

reads as follows:-

“14.2 Display of Answer Key for the challenge 14.2.1 The NTA will display the Provisional Answer Key of the questions, giving an opportunity to the candidates to challenge, in case of any doubt in the answer key published on the website https://neet.nta.nic.in/. For the exact date of display of the Answer Key, candidates may regularly check updates on the NTA website after the examination.

14.2.2 Candidates will be given an opportunity to make an online challenge against the provisional Answer Key by paying a non-refundable processing fee of Rs.200/- per answer challenged, within a specified period as indicated in the Public Notice.

14.2.3. Challenges made by the candidates will be verified by the NTA with the help of a panel of subject experts. If

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

found correct, the answer key will be revised accordingly. based on the revised Final Answer Kay, the result will be prepared and declared.

14.2.4 No individual candidate will be informed about the acceptance/non-acceptance of his/her challenge. 14.2.5 The key finalized after the challenges will be treated as final”.

14.4. Re-checking/re-evaluation of answer sheets There is no provision for re-checking/re-evaluation of the answer sheets.

The candidates are given an opportunity to make the representation on the OMR graduation of their OMR sheets are also given an opportunity to challenge the answer key in case of any doubt.

No correspondence in this regard will be entertained.”

According to them, as per 14.2.5 the key finalized after the challenges will

be treated as final.

14.4 Re-checking/re-evaluation of answer sheets,

There is no provision for re-checking/re-evaluation of the

answer sheets. The candidates are given an opportunity to

make the representation on the OMR graduation of their OMR

sheets are also given an opportunity to challenge the answer

key in case of any doubt. No correspondence in this regard will

be entertained.”

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

15. In support of his contention, the learned counsel for the

respondent submitted the judgment of the Hon'ble Supreme Court of

India in Maharashtra State Board of Secondary and Higher

Secondary Education and another vs. Paritosh Bhupesh

Kurmarsheth reported in AIR 1984 SC 1543 and in CBSE vs. Aditya

Bandopadhyay reported in 2011 (8) SCC 497. In the above said

judgment the Hon'ble Apex Court held that in the absence of a provision

for re-evaluation, a direction to this effect cannot be issued by the Court.

16. Under the scheme evolved by NTA, on display of the answer Key

and OMR Sheet, an opportunity to the candidates to Challenge the Answer

Keys to the Questions (if any) is provided for. 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 subjects experts on examining the

objections finds merit in it, then on the advice of the subject experts NTA

modifies its answer key accordingly and gives appropriate benefit to the

candidates. However, if the subject experts are of the view that the

answer contained in the answer key is a correct answer, no modification in

the answer key is carried out.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

17. 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 declared on the basis of the final/revised

answer key recommended by the respective Subject Experts only. Thus,

the NTA relies on the decision of the Subject Expert(s), based on which

the final result is declared.

18. According to them, NTA displayed the provisional Answer Keys,

OMR Answer Sheets and Recorded Responses to the Candidates during

the period 31.08.2022 to 02.09.2022. Public Notice to the same effect

were issued for information of the Candidates on the Portal

(neet.nta.nic.in). During the window period of filing objections to the

provisional answer keys issued by NTA for the said examination, the

petitioner/Candidate filed objections to Q.No.123 and Q.No.166 of Q4. All

the objections including the one preferred by the petitioner were placed

before the subject experts. With regard to the questions in issue, it is

submitted that 352 number of challenges were received against Q.No.123

and 179 challenges against Q.No.166 in Q4 series. Upon examining the

objection to Q.No.123 and Q.No.166 of Q4, the subject expert(s) did not

find any merit in the challenges preferred by the candidates and

accordingly rejected challenges and retained the Provisional Answer Key

to the said question as Final Answer Keys. Accordingly, on the basis of the

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

opinion of the expert(s), the answer key(s) was finalized, and the result

was declared accordingly on 07.09.2022.

19. The questions are being reproduced hereunder:

Q 123 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 with 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 endarch

protoxylem

(e) In monocotyledonous root, usually there are more than six

xylem bundles present

Choose the correct answer from the options given below:

1. (a), (b) and (d) only

2.(b), (c) , (d) and (e) only

3.(a), (b), (c) and (d) only

4.(a), (c) , (d) and (e) only

20. The format of the Multiple Choice questions paper Exam as in

the present case is such that, four options will be provided to a question

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

and only one is considered to be the most appropriate/correct answer.

The purpose of posing question with multiple options is to test the

knowledge, clarity, intelligence and capability of the candidate to think out

of the box and complete the exam within a particular frame of time.

21. The respondents referred various judgments of the Hon'ble

Supreme Court of India in H.P.Public Service Commission vs. Mukesh

Thakur (2010) 6 SCC 759, wherein it was 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.

Hence, the Hon'ble Supreme Court in the said matter had set aside the

directions of the High Court directing re-evaluation of the answer sheet by

another examiner.

22. This Court in the matter of Atul Kumar Verma vs UOI &

Others 221 (2015) Delhi Law Times 669, while dealing with the issue

of challenging the answer key on the basis of evaluation published by

coaching centres and subject experts other than the CBSE experts, has

held that unless the Courts, though accustomed to resolve/adjudicate on

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

disputes, curb their temptation to interfere with the question paper and

answer key inspite of counter view, of other subject experts, being

brought before them and there being thus a dispute as to which view is

correct, the Universities and the examining bodies on whom the said

function has been entrusted, would lose their sheen and the respect in

which they are held.

23. The Court further held that once the examining bodies have

followed the procedure of inviting objections to the answer key and if

satisfied therewith, corrected the answer key and thereafter declared the

result, then there can be no scope for judicial review of the said answer

key unless allegations of bias, malafide, non-consideration of relevant

factors etc., are made out for invoking the power under the Judicial

review.

24. The Hon'ble Supreme Court in Ranvijay Singh v. State of U.P

(A.I.R.2018 SC 52) summarized the law on the subject and held that,

“the Court should not at all re-evaluate 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.”

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

25. The learned counsel appearing for the respondents would submit

that based on the above submissions and judgments referred, the

petitioner's case is not acceptable.

26. Heard the learned counsel appearing for the petitioner and the

learned Government Pleaders appearing for the respondents and perused

the entire materials available on record.

27. It is seen from the petitioner's prayer that his son has answered

the questions on the options given, according to him, it was correct

answer. But the authorities, namely, NTA has stated that the challenges

made by the candidates will be verified by the NTA with the help of a

panel of subject experts. If found correct, the answer key will be revised

accordingly. Based on the revised Final Answer Key, the result will be

prepared and declared. The key finalised after the challenges will be

treated as final as per the Bulletin. It is made clear that the petitioner

cannot seek for re-checking/re-evaluation of answer sheets and also it

has been clearly stated that the expert opinion is the final and there

cannot be any further re-evaluation or re-checking.

28. Bulletin 14.4 shows that the machine-gradable Answer Sheets

are evaluated with extreme care and are repeatedly scrutinized. There is

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

no provision for re-checking/re-evaluation of the answer sheets. This is

because of the following reasons: The OMRs are machine gradable and

are being evaluated through specific software impartial to all.

29. The candidates are given an opportunity to make the

representation on the OMR gradation of their OMR sheets and also given

an opportunity to challenge the answer key in case of any doubt. No

correspondence in this regard will be entertained.

30. As per Bulletin 14.2 Display of Answer Key for the challenge is

as follows:

14.2.1.The NTA will display the Provisional Answer Key of the

questions, giving an opportunity to the candidates to challenge, in

case of any doubt in the answer key published on the website

https://neet.nta.nic.in/. For the exact date of display of the Answer

Key, candidates may regularly check updates on the NTA website

after the examination.

14.2.2 shows that Candidates will be given an opportunity to make

an online challenge against the provisional Answer Key by paying a

non-refundable processing fee of Rs.200/- per answer challenged,

within a specified period as indicated in the Public Notice.

14.2.3-Challenges made by the candidates will be verified by the

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

NTA with the help of a panel of subject experts. If found correct,

the answer key will be revised accordingly. Based on the revised

Final Answer Key, the result will be prepared and declared.

14.2.4.No individual candidate will be informed about the

acceptance/non-acceptance of his/her challenge.

14.2.5 of the bulletin states that the key finalised by the expert will

be treated as a finalised key answer.

31. As per the respondent Bulletin, NTA submits that the said expert

opinion, who has finalised the key answer, after the challenge, will be

treated as final answer and there can be no rechecking or re-evaluating

the same by any person.

32. The Hon'ble Supreme Court in the matter of U.P.P.S.C.,

through its Chairman and another vs. Rahul Singh and another

(2018) 7 SCC 254 have made the following observation:-

“...14. In the present case, we find that all the 3 questions needed a long process of reasoning and the High Court itself has noticed that the stand of the Commission is also supported by certain text books. When there are conflicting views, then the Court must bow down to the opinion of the experts. Judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the experts.”

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

33. In Ran Vijay Singh & Ors. v. State of Uttar Pradesh and

ors. (2018) 2 SCC 357, held that

The law on the subject is therefore, quite clear and we only propose to highlight a few significant conclusions. They are (I) 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 be permit it;

(ii) 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;

(iii) The Court should not at all re-evaluate or scrutinize the answer sheets of a candidate as it has no expertise in the matter and academic matters are best left to academics;

(iv) The court should presume the correctness of the key answers and proceed on that assumption; and

(v) In the event of a doubt, the benefit should go to the examination authority rather than to the candidate.

The apex Court further held that the Court should not re-evaluate or

scrutinize the answer sheets of a candidate as it has no expertise in the

matters and the academic matters are best left to academics.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

34. In Vikesh Kumar Gupta and Ors.vs. The State of

Rajasthan and Ors. (07.12.2020-SC): MANU/SC/0923/2020 has

also held the same footing. The Court cannot interfere with the expert

opinion in academic matters. In any event, assessment of the questions

by the Courts itself to arrive at correct answers is not permissible....”

35. The Hon'ble Division Bench of Madras High Court in the matter

of B.Florance Mary and another vs. The Chairman, TRB in W.A.Nos.

1097 and 1099 of 2014 has held that

“....6. It is a settled law that while exercising the discretionary and extraordinary power under Article 226 of the Constitution of India, this Court cannot act like an expert body, by replacing the assessment made by experts.”

36. In above, the catena of judgments shows that the Court cannot

act as an expert and the Court should not overstep their jurisdiction to

upset the opinion of the experts. Accordingly, this Court finds that the

challenges made by the petitioner was verified by the NTA with the help of

a panel of subject experts and came to the conclusion that the answer

given by the experts are correct and the request of the petitioner cannot

be considered.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

37. Considering the above, this Court is of the view that the

petitioner claimed that his answers to question Nos.123 and 166 to be

held as correct and valid by allotting marks to those questions which has

been answered as per NCRT book, in NEET exam is negatived. The expert

opinion by NTA cannot be revisited by this Court and as per the Bulletin

issued, their decision is final and Courts cannot interfere with the marks

awarded to the petitioner. Hence, this Court is not inclined to interfere

with the said decision. Accordingly, this writ petition is dismissed. No

costs. Consequently, connected miscellaneous petitions are closed.

18.10.2022

Index : Yes/No Internet:Yes/No am

To

1.The Chairman, Ministry of Health and Family Welfare, Government of India, New Delhi.

2.The Senior Director, National Testing Agency, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi-110 020.

3.The Principal Secretary, Department of Health and Family Welfare, Government of Tamil Nadu, Fort St., George, Chennai.

4.The Director of Medical Education, Kilpauk, Chennai.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21240 of 2022

V.BHAVANI SUBBAROYAN,J.

am

W.P(MD)No.21240 of 2022

18.10.2022

https://www.mhc.tn.gov.in/judis

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
Latestlaws Newsletter