MANJUSHRI PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner appeared as an in -service candidate in the P.G. (Medical) Selection, 2008. In the said selection test questions with multiple choice answers were set in a question answer booklet. Questions were set in 2 parts, being part -l and part -II. The Petitioner claims that she answered 11 questions correctly but due to wrong key answers being suggested, the Petitioner has been deprived of marks for the said 11 questions. The said questions being question Nos. 37, 128, 109, 21, 16 and 94 of part -l and question Nos. 120, 129, 139, 41 and 65 of part -II as well as 11 marks which has been deducted by way of negative marking of 1 mark each for the above 11 questions.

(2.) QUESTION No. 37 is as follows: Anopheles stephensi is vector for malaria in A. Rural areas B. Urban areas C. Project areas D. Forest areas Model Key Answer - A Candidate's answer - B The Petitioner gave the answer 'B' whereas the key answer was suggested as 'A'. In Park's Text Book of Preventive & Social Medicine by K. Park, 19th Edition the author states under the heading Vector of Malaria that the Vectors of major importance are An Cullclfacies in rural areas & An. Stephensi in urban areas. Thus, it is seen that the answer given by the Petitioner was correct whereas the key answer suggested was wrong. The Petitioner, therefore, was entitled to 4 marks for the said question & also for 1 mark which has been deducted by way of negative marking. Question No. 128 is as follows: Best method for identification is A. DNA testing B. Finger -printing C. Photograph D.Superimposition Model Key Answer - A Candidate's Answer - B. The Petitioner gave 'B' as the answer whereas the key answer given is 'A'. Reference is made to The Essentials of Forensic Medicine & Toxicology by Dr. K. S. Narayan Reddy.The authors states that fingerprints are capable of endless variation so that it has been speculated that there is one chance in sixty -four billions of two persons having identical fingerprints. Fingerprint system is the only guide to identity which is unfailing in practice. The pattern is different even in identical twins. The Petitioner, therefore, has given the correct answer to the above question & is entitled to 5 marks for the same (4 marks + 1 mark deducted). Question No. 109 is as follows: What is the normal P - R interval? A. 0.04 second B. 0.12 second C. 0.16 second D. 0.24 second Model Key answer - C Candidate's Answer - B. The Petitioner answered 'B' as the correct answer, whereas the model key answer suggested is 'C'. In Review of Medical Physiology by William F. Ganong, the author states the average of PR interval is 0.18 & it ranges from 0.12 to 0,20. ft is, therefore, been demonstratively shown that the answer given by the Petitioner cannot be said to be incorrect or the key answer X' to be most appropriately correct. The Petitioner is found entitled for 5 marks for this question (4 marks + 1 mark deducted). Question No. 21 is as follows: Essential sing of fracture of bone following trauma A. Localized bony tenderness B. Swelling of the injured site C. Redness of the injured site D. Creprtus at the injured site Model Key Answer - A Candidate's Answer - D The Petitioner has answered 'D' as the correct answer & the model key answer given is 'A'. In Textbook of Orthopaedics by John Ebnezar, the author has given a table showing the clinical signs about fractures where he has mentioned Crepitus as one of the unfailing sings. Thus, the answer given by the Petitioner was, therefore, most appropriately correct answer as shown demonstratively & the key answer was incorrect. The Petitioner was, therefore, entitled to get 5 marks for the said question (4 marks + 1 mark deducted). Question No. 16 is as follows: Hemoglobin transports carbon dioxide from peripheral tissues to the longs in the form of A. Carbon dioxide B. Biearbonate C. Carbonic acid D. Carbamates. Model Key Answer - D Candidate's Answer - B. The Petitioner has answered 'B' as the correct answer & the model key answer given is 'D'. In 'Review of Medical Physiology' by William F. Ganong, the author under the heading 'Fate of Carbon Dioxide in Blood' clearly states that the CO2, that diffuses into red blood cells in rapidly hydrated to H2CO3 because of the presence of carbonic anhydrase. The H2CO3 dissociates to H & H2CO3, & the H is buffered, primarily by hemoglobin, while the HCO3 enters -the plasma. It is, thetefore, shown demonstratively that the answer given by the Petitioner was most appropriately correct answer & the Petitioner was entitled to 5 marks for the same (4 marks + 1 mark deducted) Question No. 94 is as follows: The largest organelle in an eukarvotic cell is A. Nucleus B. Endoplasmic reticulum C. Golgi body D. Cytoskeleton Model Key Answer - A Candidate's Answer - B. The Petitioner gave the answer 'B' as the correct answer & the model key answer suggested is 'A'. In Roams (Review of All Medical Subjects) 4th Edition by Dr. V. D. Agrawal & another, the author states that largest Organelle in an eukarvotic cell is ER (Endoplasmic Reticulum). The Petitioner, therefore, gave the correct answer where as the key answer was wrong. As such, the Petitioner was entitled to 5 marks for this question (4 marks + 1 Mark deducted). Question No. 120 is as follows: Which one of the following is the most potent anti -tubercular drug? A. Isoniazid B. Pyrazinamide C. Rifampicin D. Streptomycin Model Key Answer - A Candidate's Answer - C. The Petitioner gave 'C' as the correct answer, but the model answer suggested is 'A'. In Harrison's Principles of Internal Medicine under the heading 'Antimycobacterial Agents' the authors states that the first line of essential antituberculosis drugs is Rifampin. The Petitioner having given the answer 'C', the said answer is correct & the Petitioner thus was entitled to 5 marks for this question (4 marks +1 mark deducted). Question No. 129 is as follows: Erythema Nodosum Leprosum (ENL) is seen in A. Type I reaction B. Type II reaction C. Lepromatous leprosy D. Tuberculoid leprosy' Model Key Answer - B Candidate's Answer - C. The Petitioner answered the choice 'C as the correct answer but the model answer has been suggested as 'B'. In Harrison's Principles of Internal Medicine, Vol. I the author writes Type 2 Lepra Reactions (Erythema Nodosum Leproticum ENL) ENL occurs exclusively in patients near the lepromatous end of the leprosy spectrum (BL - LL), affecting nearly 50% of his group. It is, therefore, demonstratively shown that the answer given by the Petitioner is correct & she was entitled to 5 marks for this question. (4 marks +1 mark deducted) Question No. 139 is as follows: The commonest complication of regional ileitis is A. Haemorrhage B. Perforation C. Intestinal Obstruction D. Internal fistula' Model Key Answer - D Candidate's Answer - C. The Petitioner suggested 'C as the correct answer but the model answer has been given as 'D'. In Sabiston Textbook of Surgery (17th Edition) by Courtney M. Townsend and Ors. the author states that the main intestinal complication of Crohn's disease includes obstruction & perforation. The Petitioner having suggested the answer, i.e.,'Intestinal Obstruction correctly answered the said question whereas the key answer is wrong. The ' Petitioner is therefore, entitled to 5 marks (4 marks + 1 mark deducted). Question No. 41 is as follows: Which of the following lesion is mosfamendable to radiation? A. Wilm's tumor B. Seminoma C. Hodgkin's disease D. Breast cancer' Model Key Answer - D Candidate's Answer - B. The Petitioner suggested 'B' as the correct answer but the model answer has been given as 'O'. In Bailey & Love's Short Practice of Surgery, edited by R.C.G. Russell and Ors. it is stated in table that in decreasing order of radio sensitivity of common cancers seminoma is at the top of the list she was suggested as answer 'C' & the 'Breast Cancer' is much lower in order. It is, therefore, demonstratively shown that the answer given by the Petitioner was correct & she was entitled to 5 marks of the said question (4 marks + 1 mark deducted) Question No. 65 is as follows: The child with Nephrotic syndrome is termed 'Steroid resistant' it fails in respond to prednisolone therapy after A. 4 weeks B. 6 wieks C. 8 weeks D. 10 weeks Key Answer - C Candidate's Answer - B The Petitioner answered 'B' as the correct answer & the key answer was suggested as 'C'. A reference to Ghai Essential Pediatrics, 3th Edition by O.P. Ghai demonstratively shows that the answer given by the Petitioner was correct & the key answer cannot be said to be most appropriately correct. Therefore, the Petitioner was entitled to 5 marks for the said question (4 marks + 1 mark deducted).

(3.) IN view of the decision in the case of Medical Council of India v. Naina Verma and Ors. of the Apex Court in Civil Appeal No. 451 of 2005, this Court feels it proper that the above 55 marks will be awarded to the Petitioner in the entrance examination, 2008. The Convenor of the P.G. (Medical) Selection Committee, 2009 will find out as to in which rank, the Petitioner would have been placed if she would have been awarded with 55 marks more, in the selection list of 2008 and what subjects would have been offered to her at that position in the merit list in the year 2008. Accordingly, the Petitioner will be afforded an opportunity to give her choice if she wants to take admission in any of such subjects and in the event she exercises her choice, the Petitioner will be given admission to P.G. (Medical) course, 2009 in the said subject of her choice. The above direction will be complied with on production of a certified copy of this Judgment before the Convenor, P.G. (Medical) Selection Committee, 2009.