AMBUJ SHARMA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The petitioner, who had appeared at the National Eligibility Test held in December, 2012 (hereinafter referred to as the 'NET') for Junior Research Fellowship and Lectureship, has filed this petition for a direction upon the University Grants Commission (hereinafter referred to as the 'UGC') to correct the key answer to Question No.22 of Paper-II of Law and, accordingly, award marks to the petitioner for the said question.

(2.) The UGC conducts the aforesaid Test twice every year. The Test consists of three papers. Paper-I is of General Knowledge of 100 marks with 50 questions. Paper-II is of Law of 100 marks with 50 questions and Paper-III is of 150 marks with 75 questions. Each question of all the three papers carries two marks. The procedure for selection adopted by the UGC in the aforesaid Test held in December, 2012 comprises of four steps. The minimum marks to be obtained by the candidates separately in Paper-I, Paper-II and Paper-III are provided in Step-1 and in Step-2, the merit list of all the candidates who have cleared Step-1 is prepared subject and category wise by adding the marks of all the three papers. Thereafter in Step-3, the top 15 candidates of each subject and category from the merit list prepared under Step-2 are declared NET qualified which makes them eligible for Lectureship only. Under Step-4, a separate merit list for award of Junior Research Fellowship is prepared from amongst NET qualified candidates figuring in the merit list prepared under Step-3.

(3.) The petitioner, who belongs to the unreserved category, had secured 220 marks out of 350, whereas the last candidate selected in this category secured 222 marks out of 350 marks. Thus, if the petitioner is awarded two marks for Question No.22, he would also obtain 222 marks secured by the last selected candidate in the unreserved category.