PATHAK ANURAG MAHENDRABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who had appeared in the common entrance examination called, JEE (Main) (Joint Entrance Exam) for B.E. (Bachelor of Engineering) held on 09.04.2019 in the first shift, Gujarati medium, conducted by the respondent No. 2 National Testing Agency, has sought direction against the respondents to revise the marks (NTA Score), and accordingly reschedule the CRL (Common Rank List), result of the petitioner and other candidates who appeared in the said examination, after adding bonus marks for one wrong question in the question paper of Physics Subject, and for the false answers to one question in the question paper of Mathematics subject.

(2.) At the outset, it may be stated that the father of the petitioner Mahendrabhai Pathak had also filed Writ Petition (PIL) before the Division Bench, despite the petitioner having filed the present petition seeking similar prayer, however, the same was not entertained by the Division Bench on the ground of the petition being not maintainable at law. Though it was misuse of process of law to file present petition by the petitioner and PIL by his father on the same subject matter, the Court without being technical, is deciding the present petition on merits, as the PIL filed by the petitioner's father was not entertained by the Division Bench on the ground of being not maintainable.

(3.) The main grievance of the petitioner is that the petitioner after appearing in the said examination, on receiving the answer sheet on 15.04.2019 had found that in the question paper of the subject Physics, set for the students of Gujarati medium, one question being Question No. 7 having I.D. No. 41652913881 was false, whereas the same question which was Question No. 4 having I.D. No. 41652913791 set for the students of English Medium and Hindi Medium was correct. Similarly, the Question No. 13 having I.D. 41652913938 for the subject Mathematics, set for the students of Gujarati medium, did not have the correct answer in the four options suggested for the said question, whereas the same question which was Question No. 11 having I.D. No. 41652913848 set for the students of English Medium and Hindi Medium had one of the option out of four as correct. Hence, according to the petitioner, the Gujarati medium students had suffered loss of marks for the mistakes committed by the respondent No. 2 in the Question No. 7 in the question paper of Subject Physics and in Question No. 13 in the question paper of the subject Mathematics, set for the Gujarati medium students. The petitioner, therefore, has prayed for granting of bonus marks for the mistakes committed in the said question papers.