SHUBHAM DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) AS common questions of law and fact are involved in both these cases and as challenge in both the petitions are made to the Pre PG Test 2012 conducted by the Professional Examination Board, Bhopal in March 2012 both the petitions are being decided by this common order. For the sake of convenience documents and material available in the record of W.P. No.5710/2012 is being referred to.

(2.) PETITIONERS herein were candidates who had completed their graduation course and were eligible for seeking admission to the Post Graduate Medical and Dental Courses.

(3.) GRIEVANCE of the petitioners in these petitions are two folded. Their first grievance is that as per the provisions of Chapter 3 containing the instructions for conduct of the Pre PG Test 2012, certain procedure has been laid down in the matter of evaluating and considering defective questions and award of marks in such cases. By referring to clause 3.13 of Chapter 3 of the Examination Rules, it was tried to be emphasized that after completion of the examination, the respondent No.2 Board did not get the question papers examined by the group of subject experts along with the answers suggested by the paper setter and the moderator. Instead the model answers given by the question paper setter or the moderator was itself displayed in the website, objections called for and only such of the questions to which objections were received are referred for opinion of the subject experts and a decision taken. Accordingly, the first ground canvassed is that as the requirement of clause 3.13 as contained in Chapter 3 pertaining to referring the question paper and the model answers to the expert at the very first instance has not been complied with, the valuation gets vitiated. The second ground canvassed was that with respect to 21 questions particulars of which are given in Annexure P/9, P/13, P/36, P/46 and P/48 certain error has been committed even by the expert Committee and therefore, by saying that due to these errors, the petitioners are entitled to the marks as per the stipulations contained in clause 3.13, benefit is claimed for.