D SHYLAJA Vs. SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT; SECRETARY, TNPCEE 2004, ANNA UNIVERSITY AND SECRETARY, SELECTION COMMITTEE FOR ADMISSION TO MBBS COURSE

JUDGEMENT

(1.) In these writ petitions filed by the students seeking admission to M.B.B.S and B.D.S. Course, the primary prayer is for a direction to the respondents for revaluation of the answer sheets of the Tamil Nadu Professional Courses Entrance Examination, 2004, hereinafter referred to as the Entrance Examination and consequently to conduct counselling and allot the students to M.B.B.S and other medical and paramedical courses for the academic year 2004-2005 based on the marks awarded on such revaluation.

(2.) Before considering the submissions made by the counsel appearing for the petitioners and the learned counsel appearing for Anna University and the Secretary of the Selection Committee for Medical Education, it would be appropriate to notice certain undisputed facts. The admission to professional courses takes place on the basis of marks obtained by the candidates in the relevant streams in the qualifying examination along with the marks obtained by the candidates in the Entrance Examination held by the Anna University. So far as admission to M.B.B.S and other allied courses is concerned, marks obtained by the students in such qualifying examinations in Physics, Chemistry and Biology are taken into consideration. The marks calculated for physical sciences namely, Physics and Chemistry are 100 and 100 marks for biology. Similarly, the total marks available in the Entrance Examination is 100 marks out of which 50 marks are allotted to Physics and Chemistry together and 50 marks for biology. In the Entrance Examination, the method of test is by "Objective Method". In other words, questions are set and the students are to select the correct answer from the answers furnished in the question paper itself. Full mark is awarded to the students, who indicate the correct answer, but no negative marks is awarded for any wrong answer. For the present year, 120 questions had been set for Physical Sciences paper namely Physics and Chemistry and 140 questions had been set for Biology paper. As per the usual practice, questions are selected from the question bank. The paper setters, who contribute to the question bank furnish the correct answer along with the question and such correct answer is known as "key answer". After the examinations were held in the month of May, 2004, the University constituted several committees consisting of experts in the particular field to review the questions set and the key answers furnished by the paper setters. After such an exercise was undertaken, the various committees found certain defects in the questions or the answers and accordingly, recommended for deletion of certain questions and also suggested certain correct answers where they did not agree with the answer suggested by the paper setter. For convenience, such revised answers may be described as "revised key answers". Accordingly, as per the suggestions of the committees, it was decided to delete two questions relating to Biology and 13 questions relating to Physical Sciences. Certain "revised key answers" were also suggested and the process of evaluation of the answer sheets has taken place on the basis of the key answer ultimately approved by such committees. Since the number of valid questions had become less than the questions set, it was also decided to distribute the marks relatable to the deleted questions to other "valid questions". It is not necessary to indicate at this stage the precise reasons for the deletion of the questions or for suggesting revised correct answers as it would be more appropriate to consider those aspects while considering the individual questions and answers concerned. Suffice it to state that the decision of the Committee to delete certain questions is primarily based on the conclusion of the Committee that those questions were inappropriately worded and are likely to create confusion in the mind of the students and in respect of certain questions, there were more than one correct answer and in respect of certain questions, the English version of the question paper did not tally with its Tamil version and some questions, all the suggested answers were incorrect.

(3.) The main contentions of the learned counsels appearing for the various students are to the following effect: