DIKSHA THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THESE writ petitions pertain to the grievances aired by some of the students who participated in the Pre-Medical Test, with regard to certain questions. Having heard the learned counsel for the petitioners, by order dated 2nd July, 2012, we referred a few questions to the Moderation Committee, observing also that some of the questions, the way in which they have been framed, have to be approached not only scientifically but logically as well. The Moderation Committee has made available the detailed deliberations with regard to the work done by them. We have perused the report of the Moderation Committee and also gone through the materials made available by the Committee as well as the prescribed text-books.

(2.) SH. B.C.Negi, learned counsel appearing for the University submits that when a most appropriate answer is available in the answer-sheet, the candidate has to go for the most appropriate answer. There is no quarrel with the above proposition. But that situation arises only when there is no correct answer. That does not apply to a situation where more than one correct answer is possible ex-facie. For example, Question No. 14. The question is: A staminode does not possess, four options are given: A) Filament, B) Anther, C) Male Gametes and D) Pollengrains. A staminode is an infertile stamen. Obviously it cannot contain male or female gametes and definitely it cannot contain pollengrains. The simple and straight question is what is that a staminode does not possess? Therefore, applying law, logic and common sense, one has to say that in case a student has first seen male gametes at option 'C' and if that answer is given, it cannot be held to be an incorrect answer since a staminode does not possess male gametes and a student who has given option 'D' that a staminode does not possess pollengrains should be given the marks as well, since a staminode does not possess pollengrains. Same appears the situation with regard to Question No. 52, which reads as follows: 52. In the nature, the biologically cohesive unit amongst the taxa is: A) Genus B) Order C) Phylum D) Species.

(3.) QUESTION No. 96, reads as follows: 96. The charge on the outer side of the neuron is: A) +Ve B) -Ve C) Zero D) Alternate �Ve and +Ve. In the textbook, it is clearly stated as to what is the charge on the outer side of the neuron when it is resting and what will be the charge if a stimulus is applied. In the question, the charge after application of stimulus is absent. The simple and straight question is what is the charge on the outer side of the neuron. There is no dispute that when the neuron is resting stage the charge is only positive, but on stimulus it is negative. Though there is a contention that answer 'D' should also be given the credit, we are afraid, the same cannot be logically accepted since positive and negative alone can be alternate and not the negative and the positive, even if both positive and negative are taken for the stages of resting and on stimulus, respectively. Therefore, necessarily a student who has answered with 'A' and 'B' should be given the credit.