SAHIL SONI Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The case of the petitioner is that he appeared in JEE-Main examination conducted by respondent in April, 2013 and secured All India overall rank 103136 and the state rank 984. The score card of the petitioner in the entrance examination is 125. According to him, the scorecard of the candidates was published on 7.5.2013 of Paper-I without normalization. It is alleged that as per the evaluation 4 marks were to be given for each correct answer and 1/4th mark i.e. 1 mark was to be deducted for incorrect response. The petitioner applied for OMR sheets, calculation sheets answer key, which was provided to him on 3.7.2013. According to the petitioner, there was three questions namely, Question No. 13, 68 and 76, out of which he had submitted correct answers to question No. 13 & 76, while question No. 68 was ambiguous and could not have been solved without any assumption. According to the petitioner, he has been given score of 15 marks less i.e. 4 marks each for the correct answer and the negative marking of the 1 mark. He claimed 5 marks on account of ambiguous question out of 15 marks.

(2.) The case set up by the petitioner is that the correct answer of question No. 13, the correct answer as per the petitioner is Option No. 1 whereas as according to CBSC it is Option No. 4, in respect of question No. 68, the correct answer is Option No. 4 but as per the CBSC it is option No. 1, and in respect of question No. 76, the correct answer is Option No. 3 and as per the CBSC it is option No. 4.

(3.) It is alleged that as per the answer key provided by the FIIT-JEE, the answer of question No. 13 is option No. 1 as given by the petitioner and answer for question No. 76 is option No. 3 as well, as given by the petitioner and with regard to question No. 68, it has been observed by the FIIT-JEE that the question is ambiguous. In this background, the petitioner has submitted that the merit list of all the candidates be re-determined by referring the matter to an expert committee while referring to a decision to this Court in LPA No. 1338 of 2012 titled as "Haryana Public Service Commission Vs. Jitender Kumar and Others" decided on 3.12.2012.