NEETU JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 31.1.2001 passed by the learned single Judge in C.W.J.C. No. 11751 of 2001, whereby the writ application filed by the appellant for re -evaluation of the answersheets of Bihar Combined Entrance Examination (P.C.M.) 2000 for two subjects, namely, Physics and Biology has been rejected.

(2.) THE Bihar Combined Entrance Competitive Examination 2000 was conducted for admission to MBBS Course. 27th August, 2000 was the date fixed for the Examination and the appellant along with others appeared in all the three subjects prescribed in the Examination, namely, Physics, Chemistry and Biology. The appellant was unsuccessful in the said Examination. She filed a writ application for re -evaluation of the answersheets in the two subjects, namely, Physics and Biology primarily on the ground that the model answers on the basis of which answersheets were evaluated were not correct one. The appellant has stated that the said Model Answers do not tally with the answers as provided in books published by the National Council for Educational Research and Training (NCERT).

(3.) ADMITTED fact is that after publication of the results, the candidates have taken their admission. The power of this Court in such matters is very limited one. This Court cannot assume the function of expert. The Board having engaged the experts got the question papers prepared and the experts are of the opinion that the Model Answers are correct one, it is not possible for this Court to disbelieve the same. This apart, now the same Model Answers have been used for evaluation of the answersheets of all the candidates and as such its advantages and disadvantages have accrued to all the candidates and in such a situation at this stage it is not practical to direct for re -evaluation of the answersheets of all the candidates, even if the assertions made on behalf of the appellant is accepted that the Model Answers are not correct one.