Delhi HC Dismisses Petitions Seeking Quashing Of NEET UG, 2019 Result [Read Judgment]
The Delhi High Court has dismissed the petitions seeking quashing of NEET UG, 2019 result.
It was contended that during the course of examination, they realized that there are multiple choice questions which have more than one correct answers. The same was not rectified by the NTA due to which candidates have suffered grossly through the erroneous marking mechanism of NTA. Further it was alleged that the NTA has failed to follow its own pattern of scoring and marking as put forth in the information bulletin. This caused candidates to score lesser marks and for the present examination even one mark makes a big difference in the merit list as much as the candidates can jump a large number of positions by increase or decrease of one mark.
On the other side, it was argued that the answer keys and scheme of the examination is prepared by special subject experts and after the conduct of examination and before the application of keys, the keys are once again verified by the subject experts.Therefore, when there are conflicting views then the court ought to bow down to the opinion of experts and it cannot take the role of academic experts. Objections were invited to the key and accordingly marks were granted.
The court relied on the case of Maharashtra State Board of Secondary and Higher Secondary Education hold that the expert/academics body are the best judge of the subject/academic issues and these matters should be left to the wisdom of academic bodies and the courts should not ordinarily interfere with them. The court further referred to the case of H.P. Public Service Commission Mukesh Thakur and held that once the examining bodies have followed the procedure of inviting objections to the key and if satisfied therewith, and declared the results, then there can be no scope for judicial review unless allegations of bias, malafide, non-consideration of relevant factors are made out.
Justice Anu Malhotra said it is a settled principle as per the case of Ran Vijay Singh and Ors. that the court should presume the correctness of the answer keys and proceed on that presumption and in the event of doubt, the benefit should go to the examination authority rather than candidate.