MAMATHA SUDHEENDRAN Vs. NATIONAL TESTING AGENCY

JUDGEMENT

(1.) This is a matter relating to the qualification of the petitioners in the National Eligibility Test (Test) held during June 2019.

(2.) The petitioners are post graduates in History. They also possess M.Phil. Both petitioners appeared for the Test for acquiring qualification for appointment as Assistant Professor and Junior Research Fellow. Before the publication of the results of the Test, when the answer key of the Test was published by the first respondent, the petitioners challenged the correctness of the answers in respect of questions bearing numbers ID 64635010128 and ID 64635010156. The challenge made by the petitioners was not accepted. The first petitioner, a candidate falling under the unreserved category has secured 54% marks and the . second petitioner, a candidate falling under one of the reserved category has secured 57.33% marks. The cut off marks for qualification for the lower post of Assistant Professor for candidates falling under unreserved category were 54.67% marks. The first petitioner did not therefore qualify the Test. The cut off marks for qualification for Assistant Professor and Junior Research Fellow for candidates falling under reserved category were 50% and 58% respectively. Though the second petitioner has qualified for the post of Assistant Professor, he has not qualified for Junior Research Fellow.

(3.) The case set out by the petitioners in the writ petition is that the challenge raised by them as to the correctness of the answer keys ought to have been accepted by the respondents and if so, the first petitioner would have been qualified for the post of Assistant Professor and the second petitioner would have been qualified for Junior Research Fellow. The petitioners, therefore, seek directions for re-computation of the marks secured by them in the Test on that basis. .