DIRECTOR DEPARTMENT OF GOVERNMENT EXAMINATION Vs. R NEETHUSHANMUGI

JUDGEMENT

(1.) THESE group of cases viz., review applications, writ appeals and contempt petitions concern with a common question as to whether the candidates who have answered question No. 32 in Biology Paper in the Plus Two Public Examination held during March 2010, are entitled for revaluation or for grant of full five marks. In view of the above common question, all the above review applications, writ appeals and contempt petitions are taken up together and disposed of by this Common Order. For the sake of convenience, we may refer to the facts relating to Review Application (MD) No. 81 of 2010 and the parties are referred to as shown in Writ Petition (MD) No. 7874 of 2010.

(2.) THE petitioner Minor R.Neethushanmugi filed the above Writ Petition through her father and guardian Dr.S.Ramesh for a Writ of Mandamus directing the respondents therein to admit her in M.B.B.S Course commencing in the academic year 2010 - 2011 in any one of the Government Medical Colleges or in Private Medical Colleges [in Government Quota] as per the merit ranking caused on the basis of marks obtained in revalued answer paper of the petitioner.

(3.) HER grievance was that the key answer given to the said question was wrong and in fact, was misleading. Inasmuch as the key an- swer was wrong, she ought to have been awarded the entire full five marks allotted to the said question, it is contended. While considering a similar request in a batch of Writ Petitions, a learned single Judge of this Court, having accepted the case of the petitioner and Others, found that the key answer was not fully correct and the answer given by the candidates are not fully wrong and directed that the question No. 32 must be re-valued and marks should be awarded on the basis of the correctness and quality of the answer, as the question is descriptive in nature. In other words, the finding of the learned single Judge is that these candidates are entitled for revaluation and the answer given in the text book should be the basis for such revaluation.