ANKIT KHARE Vs. HIGH COURT OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD.

(2.) IN this batch of writ petitions since common questions of law and facts arise for consideration, they were heard analogously and are being decided by this common order.

(3.) ON the other hand, Shri V.S. Shroti, learned senior counsel for the respondents submitted that key answer is assumed to be correct unless the same is proved to be wrong and the same cannot be held to be wrong by an inferential process of reasoning or by process of rationalisation. It is further submitted that the question whether or not the key answer is correct has to be decided on the ground that key answer must be such as no reasonable body of men well versed in particular subject would regard as correct. It has been further submitted that there may be two correct answer in respect of a question. It is also urged that the key answers are correct and the petitioners have miserably failed to point out that key answers are either palpably incorrect or such that no reasonable body or men well versed in the particular subject would regard them as correct. Learned senior counsel for the respondents has also produced before us relevant extract from the book by William F.Ganong "Review of Medical Physiology", 22nd edition. In support of his submissions, learned senior counsel for the respondents has placed reliance on decisions of Supreme Court in Kanpur University and others Vs. Sameer Gupta and others, AIR 1983 SC 1230, Secretary, West Bengal Council of Higher Secondary Education Vs. Ayan Das and others (2007) 8 SCC 242 and H.P. Public Service Commission Vs. Mukesh Thakur and another, AIR 2010 SC 2620. We have considered the submissions made on both sides. Before proceeding further, it would be apposite to reproduce the questions No.5, 8, 15, 24, 67 and 89 as under:-