NOOR SWAPAN MALHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks direction against respondent No.2 to revamp the qualifying criteria for admission in Joint Entrance Examination (Main)-2016.

(2.) The grouse of the petitioner who had passed her 10+2 from Central Board of Secondary Education, New Delhi in the year 2016 with 93.4% marks is that the respondent-Board had arbitrarily and unjustifiably allotted 30 marks to each and every student who had appeared in the current year. It is submitted that the children who had appeared with the respondent-board had benefitted as such and the students from other boards had been put to disadvantage, while seeking admission in higher courses.

(3.) In the written statement filed by respondent No.4-Board, the stand taken is that Committee of Members of Subject Experts had been constituted who examined the different sets of papers. The issue before the Committee was (i) whether the questions are within the syllabus prescribed, (ii) Comparative difficulty/complexity levels of all the three sets, (iii) Misprint, if any in the question paper and (iv) Ambiguous/unclear question or statement. It is further submitted that the report was prepared with the approval of the competent authority for grant of credits if any. There was no uniform grant of marks to all the candidates across the board, but only to those who attempted a particular set and for which Committee has opined that credit is to be given on the basis of abovesaid four reasons.