A SWAPNA Vs. CONVENOR EAMCET

JUDGEMENT

(1.) Writ Petition Nos.9063 and 9277 of 1992: Petitioners in these two Writ Petitions appeared for the commom entrance test for admission to the first year of the various medical courses like M.B.B.S. and B.D.S. etc., known as Engineering, Agricultural & Medical Common Entrance Test (EAMCET) conducted for the academic year 1992-93 by the Andhra University, Convener of which is the 1st respondent. The results of the said test were published in all the dailies on 13-7-1992. Petitioner in Writ Petition No. 9063 of 1992 (hereinafter referred to as 'the 1st petitioner') secured 36 marks in Biology, 40 marks in Physics and 34 marks in Chemistry out of 50 in each of the said subject i.e., a total of 110 marks out of 150 marks and her rank was shown as 918. Petitioner in Writ Petition No. 9277 of 1992 (hereinafter referred to as 'the 2nd petitioner') secured 35 marks in Biology, 41 in Physics and 36 in Chemistry i.e, a total of 112 marks out of 150 marks and her rank was shown as 734. The petitioners question the key answers to some of the questions in Biology and seek a direction to the respondents to produce their answer scripts and also the key answers provided by the 1st respondent to all the valuers for the purpose of evaluation of the answer scripts in Biology, and a declaration that providing key answers to the valuers without giving them the power to adjudicate the correct answers as illegal and arbitrary, and a direction to the respondents to get the answer scripts of the petitioners revalued afresh, and a direction to declare their results after such revaluation, and a direction to admit them in the first year M.B.B.S. course for the academic year 1992 -93,

(2.) The petitioners state that as per the instruction booklet issued by the 1st respondent for EAMCET-92 for admission to Medical, Dental etc., colleges in the State of Andhra Pradesh, the question papers would be of objective type (multiple choice and fill up the blanks). Model question paper in Biology, Physics and Chemistry was also given as Annexure-II to the said booklet. Sub- clause (a) of Clause 10 of the said booklet deals with evaluation and states as follows:-

(3.) The petitioners state that the 1st respondent got prepared a statement of key answer to each of the questions in each of the papers and the valuer, though qualified to assess the correctness of the answer himself was allowed no option except to go by the key and award marks on the basis whether the candidate answered in accordance with the key. The petitioners contend that the said system of evaluation adopted is illegal and arbitrary. The 2nd petitioner further contends that neither the Government of Andhra Pradesh nor the Board of Intermediate Education prescribed text books to be followed for Intermediate and that the respondents did not prescribe text books to be followed for EAMCET-92 examinations in any of the subjects and that the students were therefore constained to follow different text books in different colleges in the State according to the recommendations by the Lecturers concerned which led to difference of opinion as regards the answers to the questions in the said test. The petitioners complain that the ultimate result, in the event, has been reduced to one of gamble. They complain that the students were not certain as to what was the correct answer in the absence of prescription of standard books. The 1st petitioner questions the key answers to 8 questions in Biology paper of EAMCET- 92 and the 2nd petitioner also questions the key answers to 8 questions in the same Biology paper. Five of the questions are common.