KANPUR UNIVERSITY Vs. SAMIR GUPTA:SAMIR GUPTA

JUDGEMENT

(1.) THESE appeals raise a somewhat awkward question: If a paper-setter commits an error while indicating the correct answer to a question set by him, can the students who answer that question correctly be failed for the reason that though their answer is correct, it does not accord with the answer supplied by the paper-setter to the University as the correct answer? The answer which the paper-setter supplies to the University as the correct answer is called the 'key answer'. No one can accuse the teacher of not knowing the correct answer to the question set by him. But it seems that, occasionally, not enough care is taken by the teachers to set questions which are free from ambiguity and to supply key answers which are correct beyond reasonable controversy. The keys supplied by the paper-setters in these cases, raised more questions than they solved.

(2.) THE respondents in these appeals applied for admission to the Medical Colleges in the State of Uttar Pradesh. THEre are 7 Medical Colleges in the State of U. P., to which admission is granted on the basis of the result of a 'Combined Pre-Medical Test' which is held in pursuance of the orders passed by the State Government under Section 29 of the U. P. State Universities Act, 1973. THE Government nominates one of the Universities in the State for holding the Test every year. In the year 1982, the Kanpur University, the appellant herein, was entrusted with the task of holding the Test. By any standard, it is a stupendous task because, 20,000 applications are received every year for admission to a total number of 779 seats in the 7 Medical Colleges, out of which 50 per cent are reserved seats and the remaining 50 Per Cent are open. Physics, Chemistry, Zoology and Botany are the four subjects which are prescribed for the Test. One paper is set for each subject and the pattern of the examination is what is called the 'Multiple choice objective-type test'. For persons belonging to yester generations, this is a newfangled concept. One hundred questions are set in each paper and four alternative answers are indicated against each question. THE candidates are required to tick the correct answer from out of those four. If he ticks the correct answer, he secures 3 marks and if a candidate ticks an incorrect answer, he loses I mark. Each paper is of a duration of 3 hours.

(3.) THERE is no controversy over the questions set in the Physics paper. The controversy arises in regard to three questions, one each in the papers in Chemistry, Zoology and Botany. We will deal with those three questions one by one, without making our own guess as to which is the correct answer. Anyway, we cannot indicate the true answer to these appeals by merely ticking off one of the two options open to us, either to allow or to dismiss the appeals. Ticking is the privilege of the new generation of students. We have to give reasons in support of our answer.