Bombay High Court Allows Petition Challenging Modification of Answer Key in MH-CET 2015 — Answer Based on Government-Prescribed Textbook Must Be Accepted. The court held that the modification of the answer key for question No. 178 from option 'C' to option 'B' was arbitrary and directed restoration of the original key.

High Court: Bombay High Court Bench: BOMBAY In Favour of Accused
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Case Note & Summary

The petitioners, students who appeared for the common entrance test for Health Science Degree Course (MH-CET 2015) conducted on 7th May 2015, challenged the notification dated 5th June 2015 issued by the Director of Medical Education and Research (DMER), Mumbai. The notification modified the answer key for question No. 178 (Version 11) from option 'B' to option 'C'. The petitioners contended that the original answer key published by the respondents had option 'C' as the correct answer, and they had answered based on the government-prescribed textbook for Biology. They argued that there was no reason or basis for the modification. The court, hearing the matter urgently, noted that the controversy was limited to the modification of the answer key. The court observed that the petitioners' answers were based on the prescribed textbook and that the modification appeared arbitrary. The court directed that the original answer key be restored and that the petitioners' answer sheets be evaluated treating option 'C' as the correct answer for question No. 178. The petition was allowed in those terms.

Headnote

A) Examination Law - Answer Key Modification - Judicial Review - The court examined the validity of the decision to modify the answer key for question No. 178 of MH-CET 2015 from option 'C' to option 'B' - Held that the modification was arbitrary and without basis, as the original answer 'C' was correct based on the government-prescribed textbook for Biology - The court directed that the original answer key be restored and petitioners' answers be evaluated accordingly (Paras 2-5).

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Issue of Consideration

Whether the respondents were justified in modifying the answer key for question No. 178 of MH-CET 2015 from option 'C' to option 'B', and whether the petitioners' answers based on the government-prescribed textbook should be accepted.

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Final Decision

The court allowed the petition, quashed the modification of the answer key for question No. 178, and directed that the original answer key (option 'C') be restored and petitioners' answer sheets be evaluated accordingly.

Law Points

  • Examination law
  • Answer key modification
  • Judicial review of academic decisions
  • Reliance on prescribed textbooks
  • Natural justice
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Case Details

2015 LawText (BOM) (06) 42

WRIT PETITION (L) NO. 1681 OF 2015

2015-06-12

Anoop V. Mohta, V. L. Achliya

Mr. L. M. Acharya i/b Kunal Bhanage for petitioners, Mr. H. S. Venegaonkar, AGP for respondents

Ms. Ruchashree Sangole & Ors.

Director, Medical Education & Research (DMER), & Anr.

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Nature of Litigation

Writ petition challenging modification of answer key in a competitive entrance examination

Remedy Sought

Petitioners sought quashing of the notification modifying the answer key and direction to evaluate their answer sheets based on the original key

Filing Reason

Respondents modified the answer key for question No. 178 from option 'C' to option 'B', which prejudiced petitioners who had answered 'C' based on the government-prescribed textbook

Issues

Whether the modification of the answer key for question No. 178 from option 'C' to option 'B' was justified Whether the petitioners' answers based on the prescribed textbook should be accepted

Submissions/Arguments

Petitioners argued that the original answer 'C' was correct based on the government-prescribed Biology textbook and there was no basis for modification Respondents contended that the modification was necessary to correct an error in the key

Ratio Decidendi

In examination matters, the answer key should be based on the prescribed textbooks and any modification without proper basis is arbitrary and liable to be set aside.

Judgment Excerpts

The petitioners herein have challenged the notification dt. 5th June, 2015 to the limited extent of decision taken by the competent authority... whereby the said authority has taken decision to modify / correct the key answer to question No. 178 (Version 11) from answer given in key as option 'B' to be treated as corrected as key option 'C' According to the petitioners, there was no reason or any basis for respondents to have modified the answer to question No. 178 as option 'B' instead of option 'C'

Procedural History

The petition was filed on an urgent basis and heard finally by consent of parties on 12th June 2015. Leave to amend was granted on 11th June 2015.

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High Court Bombay High Court Allows Petition Challenging Modification of Answer Key in MH-CET 2015 — Answer Based on Government-Prescribed Textbook Must Be Accepted. The court held that the modification of the answer key for question No. 178 from option 'C' t...
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