RAHUL AGARWAL AND OTHERS Vs. LUCKNOW UNIVERSITY ETC.

JUDGEMENT

(1.) This bunch of writ petitions has been filed by some of the candidates who appeared in the Combined Pre-Medical Test of 1988 (hereinafter referred to as the C.P.M.T.) but they failed to get admission in any of the medical courses, for which the test was held. C.P.M.T. examination was held for admission of students in the medical courses available in the State Medical Colleges as well as a Dental College, Ayurvedic, Unani and Homoeopathic Colleges in the State. Admission to the different courses available in these institutions is made in order of merit on the basis of the marks secured by the candidates in the C.P.M.T. The C.P.M.T. for the year 1988 was conducted by Lucknow University. The petitioners who have filed these writ petitions singly or jointly, have challenged their result declared in the C.P.M.T. on various grounds.

(2.) There were 4 subjects in which the test was held, namely, Physics, Chemistry, Botany and Zoology and Hindi in addition to them. Each Science paper carried 300 marks.It is an objective type of test in which for each question alternatives or options are given in the paper and a candidate is supposed to tick the option which, according to him, is the correct answer to the question. There is a key answer give by the Paper Setter and in case the option preferred by the candidate tallies with the key answer, the candidate becomes entitled to 3 marks. If the answer preferred by the candidate does not tally with the key answer, i.e., it is incorrect besides the fact he does not obtain 3 marks, he also loses 1 mark by way of negative marking. The contention of the petitioners is that with regard to certain question, all the 4 alternatives or options given in the question paper were incorrect and in respect of certain other questions the key answers were not the only correct answers and on the other hand more than one option or alternative could be said to be correct. It is submitted that certain questions (as they are) are wrong. The petitioners who have made such challenge, claimed credit of marks for such questions. According to them if marks for which they are entitled are added to their total, they would be entitled for admissions as their total would exceed the total of the last selected candidate.

(3.) According to opposite party No. 1 (Lucknow University), which contested the claims of the petitioners and challenged their stand, for each question it was only the key answer which was the correct answer and it is wrong to say that for any question more than one option or alternative answer could be said to be correct answer. It is also incorrect to say that any question or all the four options given in respect of any question were incorrect in any of the four Science Papers. The power of the court to look into the correctness of the answers of the disputed questions is also challenged. Plea of limitation is also raised. No written statement was filed by other opposite parties.