Bombay High Court Dismisses Petitions Challenging NEET PG 2016 Answer Key — No Grounds to Interfere with Expert Committee's Determination. Court held that judicial review of answer keys is limited to cases of patent errors and that the expert committee's opinion is entitled to deference unless shown to be perverse.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The Bombay High Court dismissed two writ petitions challenging the answer keys for the NEET PG 2016 examination. The petitioners, Dr. Ashish Mishra and Madhur G Maheshwari, sought a declaration that certain questions in the answer keys were incorrect and requested the constitution of a fresh expert committee to re-evaluate the disputed questions. The court, after hearing arguments, held that judicial review of answer keys is limited to cases of patent errors and that the expert committee's opinion is entitled to deference. The petitioners failed to demonstrate any patent error or perversity in the committee's findings. The court noted that the expert committee had already considered the objections and provided reasoned responses. Consequently, both petitions were dismissed with no order as to costs.

Headnote

A) Judicial Review - Answer Key Challenge - Limited Scope - Patent Error - The court held that judicial review of answer keys in competitive examinations is confined to cases where there is a patent error on the face of the record or the answer key is demonstrably wrong. The court cannot substitute its own opinion for that of the expert committee. (Paras 1-36)

B) Expert Committee - Deference - Perversity - The opinion of an expert committee constituted to evaluate disputed questions is entitled to great weight and should not be interfered with unless it is shown to be perverse, arbitrary, or mala fide. (Paras 1-36)

C) Medical Education - NEET PG 2016 - Answer Key - No Patent Error - The petitioners failed to demonstrate any patent error in the answer keys for Section-A and Section-B (Medicine, Surgery, Pediatrics) of the NEET PG 2016 examination. The expert committee had already considered the objections and provided reasoned responses. (Paras 1-36)

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Issue of Consideration

Whether the answer keys for NEET PG 2016 contain patent errors warranting correction by the court, and whether the expert committee's opinion should be re-evaluated.

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Final Decision

Both writ petitions are dismissed. No order as to costs.

Law Points

  • Judicial review of answer keys limited to patent errors
  • Expert committee opinion entitled to deference
  • No interference unless perversity or mala fides shown
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Case Details

2016 LawText (BOM) (07) 46

Writ Petition No. 8674 of 2016 and Writ Petition (L) No. 2010 of 2016

2016-07-29

S.C. Dharmadhikari, Dr. Shalini Phansalkar-Joshi

Mr. V.M. Thorat with Ms. Pooja Thoprat for Petitioner in WP No.8674/2016; Mr. M.M. Vashi, senior counsel with Ms. Aparna Deokar for Petitioner in WP (L) No.2010/2016; Ms. Sushma Bhende, AGP for Respondents

Dr. Ashish Mishra and Madhur G Maheshwari

State of Maharashtra, Directorate of Medical Education and Research, State CET Cell

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Nature of Litigation

Writ petitions challenging the correctness of answer keys for NEET PG 2016 examination and seeking re-evaluation by a fresh expert committee.

Remedy Sought

Declaration that certain questions in the answer keys are incorrect and direction to constitute a fresh expert committee to re-evaluate the disputed questions.

Filing Reason

Petitioners believed that the answer keys for Section-A and Section-B (Medicine, Surgery, Pediatrics) contained errors and that the expert committee's opinion was not satisfactory.

Issues

Whether the answer keys for NEET PG 2016 contain patent errors warranting correction by the court. Whether the expert committee's opinion should be re-evaluated by a fresh committee.

Submissions/Arguments

Petitioners argued that the answer keys for certain questions were incorrect and that the expert committee's responses were not satisfactory. Respondents argued that the expert committee had already considered the objections and that there was no patent error.

Ratio Decidendi

Judicial review of answer keys in competitive examinations is limited to cases of patent errors. The opinion of an expert committee is entitled to deference and should not be interfered with unless shown to be perverse or mala fide.

Judgment Excerpts

We had, on 29th July, 2016, pronounced an order dismissing both the petitions. Here are our reasons for the above conclusion.

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