LAWS(KER)-2000-3-17

MADHUMOHAN Vs. STATE OF KERALA

Decided On March 30, 2000
MADHUMOHAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) We may, at the outset, express our deep anguish and concern at the insensitive and obdurate manner in which the Common Entrance Examination was conducted in Kerala in the year 1999.

(2.) Government of Kerala, as per various orders, authorised the Commissioner for Entrance Examinations to prepare and publish a common prospectus for admission to the professional degree courses. Accordingly, a prospectus was published from the office of the Commissioner for Entrance Examinations for the year 1999. Prospectus stipulated that the examination would be of objective in nature and based on single response and the candidate would have to select and mark the answer in the appropriate space in the answer sheet. Question paper for all the subjects would be in the form of question booklet and the Answer Sheet would be given separately. Prospectus also provided for negative mark. Prospectus says that if any candidate has any genuine complaint regarding the conduct of the examination, he/she may register his/her complaint before the Chief Superintendent of the Examination Centre with supporting details/information immediately after the particular Examination Session is over. A fully computerised system was also adopted for the evaluation of the answer scripts, using the Optical Mark Reading System (OMR) and for the preparation of the rank lists. Prospectus also stipulated that there is no provision for rechecking or revaluation of the answer scripts as the valuation or scoring would be error free. The mode of preparation of the rank list was also enumerated in the Prospectus which was valid till 31.12.1999.

(3.) Commissioner for Entrance Examinations conducted the Entrance Examination for Medicine/Engineering Courses and other allied courses on 11th, 12th and 13th of June, 1999. After the Common Entrance Examination was over some of the candidates submitted representations before the Commissioner stating that questions of Physics and Mathematics papers did not have correct answers in the choices given. Commissioner examined those complaints and referred the matter to the Professors who set the question papers. Professor in Physics and Mathematics who had set the question papers informed the Commissioner that there were three questions in Physics paper without correct answer among the given choices and one question in Mathematics paper without correct answer among the given choices which shows that Answers in Answer Key were wrong. Accordingly, Commissioner deleted three questions from Physics question paper and valued the same only for 117 questions instead of 120. So also one question was deleted from the Mathematics question paper and valuation was done only in respect of 119 questions instead of 120 questions.