ANKITA ABHANG INDRALE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners challenge clause No. 6 of NEET - 2019 brochure and also seeking declaration that answers given by them to the questions as contended by them in the petitions are correct. The petitioners also assail Clauses 1(c), 2(c) & (d) and 4(i) and (ii) of Chapter 7 of Information Bulletin for NEET-UG2019 as violative of principles of natural justice.

(2.) Mr. Golegaonkar, the learned advocate for petitioners led the arguments. Mr. Salunke, Mr. Jadhavar holding for Mr. Kingaonkar and Mr. Pawar, the learned counsel for respective petitioners adopted arguments of Mr. Golegaonkar and made further submissions.

(3.) The contention of petitioners is that, answers to the various questions that the petitioners had attempted and as have been detailed in the memo of writ petitions are correct and the answers in the answer key are erroneous. They should be given the marks for the same. The learned counsel to buttress their submissions place reliance on the text book. They also rely on opinion of experts, who have also confirmed that answers as given by petitioners are correct and the answers in the answer key are wrong. The learned counsel submit that, Clause No. 6 of the NEET-UG-2019 brochure restricting the jurisdiction to Delhi in case of disputes pertaining to the conduct of examination is illegal. The jurisdiction cannot be restricted to one Court. According to learned counsel, the Clauses 1(c), 2(c) & (d) and 4(i) and (ii) of Chapter 7 of Information Bulletin for NEET-UG-2019 are violative of principles of natural justice. On one hand the National Testing Agency (NTA) is giving opportunity to make representation and challenge the answer key, but in Clause 2-B no individual candidate is to be informed about acceptance and non-acceptance of his challenge. By this procedure the doubt is created. The said procedure is not fair. No verification through the experts by NTA has been done and there are no revised marks given, nor the answer key is revised. The Clauses 1(c), 2(c) & (d) and 4(i) and (ii) of Chapter 7 of Information Bulletin for NEET-UG-2019 give unlimited powers in the matter of rechecking/re-evaluation of answer sheet, that adversely affects the result and rank in the end marking.