K S BHOIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) This group of appeals gives rise to following two questions for our decisions :-

(3.) The aforesaid questions have arisen in the context of the facts and circumstances state hereinafter. On 29-4-2001, the Maharashtra Health Sciences Common Entrance Test (hereinafter referred to as MH-CET 2001) was conducted for health sciences courses such as Medicine (MBBS), Dentistry (BDS), Ayurved (BAMS), Homeopathy (BHMS), Unani Medicine (MUMS), Physio Therapy (BPTH), Occupational Therapy, Audio and Speech Therapy (BASLP) and Prosthetics and Orthotics (BP and O). In the said examination about 67,563 students appeared throughout the State of Maharashtra. With a view to see that there is no chance for any unfair means, the question papers were prepared in four versions and they were marked as versions 11, 12, 33 and 44. The questions in all the versions were the same. But there was a change in their order. Thus, the students answering the examination were given papers of different version one after another i.e. version 11, 22, 33 and 44 and thereafter version 11, 22, 33 and 44 and so on which would have made copying or use of unfair means very difficult. The result of the said examination was declared on 17-5-2001. On the basis of the result of the said examination a merit list was prepared for purposes of admission in various colleges. Those who were higher in merit were given admission in colleges of their choice and adjusted against free seats. In other words, admissions against free seat and payment seat in various courses and disciplines were made according to the merit list. Many selected students on the basis of the said merit list took admission in various medical colleges and seats meant for Medicine and Dentistry were particularly filled up. After the result was declared, the writ petitioners in writ petition No. 1658/2000 before the High Court found that they have received lesser marks in biology paper answered by them than their expectations. The writ petitioners before the High Court suspected that there was obviously some error in the evaluation of biology paper in the MH-CET 2001. Some newspapers printed and published from Mumbai also reported that some mistakes have occurred in the process of computerization in the master copy for answer paper in version 33. It is under such circumstances, the writ petitioners filed a petition under Article 226 of the Constitution praying for re-valuation of biology paper of the said examination. After filing of the writ petition, the State Government got a re-verification of answer sheets carried out by six Examiners. The Examiners reported that there were mistakes/errors in the model key answer sheet of version 33 in the subject of biology. In view of the aforesaid mistake and error, the respondents decided to re-evaluate all the answer sheets of version 33. After revaluation of the answer sheets of version 33 the directorate prepared revised merit list showing the correct ranking of the students in the light of re-verification and undertook the entire admission process afresh in respect of all the candidates, including those who have already been admitted. In view of the aforesaid decision by the State Government, the writ petitioners before the High Court got the writ petition amended and sought directions to the respondents to publish and implement the revised merit list and grant admission to them in the colleges of their choice in accordance with their respective position in the revised merit list. The said amendment was allowed.