Karnataka High Court
Vaishnavi vs The Union Of India And Ors on 5 August, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:5653
WP No. 201450 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.201450 OF 2024 (EDN-RES)
BETWEEN:
VAISHNAVI
D/O SUBODH DHARWADKAR,
AGE: 18 YEARS,
OCC: STUDENT,
R/o CTS NO. 851,
LAXMI NIVAS, GODABOLE MALA,
VIJAYAPURA-586101.
...PETITIONER
(BY SRI. DHARWADKAR SUBODH TIRUPATI, ADVOCATE)
AND:
Digitally signed by 1. THE UNION OF INDIA
BASALINGAPPA
SHIVARAJ REPRESENTED BY PRINCIPAL SECRETARY,
DHUTTARGAON
Location: HIGH REP. BY CENTRAL GOVERNMENT,
COURT OF STANDING COUNCIL,
KARNATAKA
AT KALABURAGI-585 102.
2. NATIONAL TESTING AGENCY
REP. BY DIRECTOR GENERAL
UNDER THE MINISTRY OF
EDUCATION GOVERNMENT OF INDIA,
HAVING ITS HEAD OFFICE AT
1ST FLOOR, NSIC M.D.B.P. BUILDING,
OKHLA, INDUSTRIAL ESTATE,
NEW DELHI-110020.
[email protected]
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NC: 2024:KHC-K:5653
WP No. 201450 of 2024
3. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY
PRINCIPAL SECRETARY,
BENGALURU-01,
REPRESENTED BY
STANDING GOVERNMENT COUNSEL
4. THE KARNATAKA EXAMINATION AUTHORITY
SAMPIGE ROAD, 18TH CROSS,
MALLESHWARAM
BENGALURU-12.
...RESPONDENTS
(BY SRI. KAMATH, ASGI A/W
SRI SUDHIRSINGH R. VIJAPUR, DSGI FOR R1;
SRI RUPESH KUMAR SR. ADV., FOR R2;
SRI SHIVKUMAR R. TENGLI AGA FOR R3;
SRI BASAVARAJ R. MATH, ADV., FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
WHEREFORE, THE PETITIONER, WHO APPEARED FOR NEET
(UG) -2024 EXAM WITH APPLICATION NO.240410584035 AND
WITH ROLL NO.2730070055, RESPECTFULLY PRAY THAT THE
HON'BLE COURT BE PLEASE TO ALLOW THE WRIT PETITION,
SETTING-ASIDE THE FINAL KEY ANSWERS AS PER ANNEXURE -
E, PUBLISHED BY RESPONDENT NO.2 IN REGARD TO TEST
BOOKLET CODE S2 WITH BOOK LET NO. 5895767,
PERTAINING TO QUESTION NO.102, HOLDING THAT NONE OF
THE ANSWERS ARE CORRECT AS PUBLISHED BY RESPONDENT
NO.2, FURTHER DIRECT THE RESPONDENT NO.2, TO GRANT
APPROPRIATE GRACE MARKS TO THE PETITIONER AND ALSO
TO UPDATE THE RANK AS PER THE MARKS OR RESPONDENT
NO.2 BE DIRECT TO DECLARE THE CORRECT ANSWER
REFERRING NCERT, IN CONTEXT TO QUESTION NO.102 AS
CHALLENGED BY THE PETITIONER, FURTHER PLEASE TO
DIRECT TO AWARD GRACE MARKS AND ACCORDINGLY RANK
OF THE PETITIONER BE UPDATED IN THE SCORE CARD. B) ANY
APPROPRIATE RELIEF OF MANDAMUS, CERTIORARI
PROHIBITION QUO-WARRANT TO BE ISSUED AGAINST
RESPONDENT NO.2.
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NC: 2024:KHC-K:5653
WP No. 201450 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this court seeking for the following reliefs:
a. Wherefore, the Petitioner, who appeared for NEET (UG)-2024 exam with application No.240410584035 and with Roll No.2730070055, respectfully pray that the Hon'ble Court be please to allow the Writ Petition, setting-aside the Final Key Answers as per Annexure-E, published by respondent No.2 in regard to Test Booklet Code S2 with book let No. 5895767, pertaining to question No.102, holding that none of the answers are correct as published by respondent No.2, further direct the respondent No.2, to grant appropriate grace marks to the Petitioner and also to update the rank as per the marks or respondent No.2 be direct to declare the correct answer referring NCERT, in context to question No.102 as challenged by the Petitioner, further please to direct to award grace marks and accordingly rank of the petitioner be updated in the score card.
b. Any appropriate relief of mandamus, certiorari prohibition quo-warrant to be issued against respondent No.2.-4-
NC: 2024:KHC-K:5653 WP No. 201450 of 2024
2. The only grievance that the petitioner has pertains to question No.102 of the Test Booklet Code S2 for the NEET (UG) 2024 exam. The contention of the petitioner being that answer to the said question is option (1) which refers to (D), whereas the contention of the respondent No.2-National Testing Agency (NTA) being that the correct answer is option (4) which refers to (C).
3. Taking into account the importance of the matter and that the petitioner may be deprived of the marks if the contention of the petitioner is correct, this Court vide order dated 01.08.2024 had requested the Director, National Council of Education Research and Training (NCERT) to constitute a team of three experts in the subject Biology and submit a report. A report has been submitted by the Secretary NCERT under cover of his email dated 03.08.2024 enclosing the office memorandum and the report. The office memorandum indicates that a team of subject -5- NC: 2024:KHC-K:5653 WP No. 201450 of 2024 experts, namely (1) Dr.Sunita Farkya, Professor and head, DESM, NCERT; (2) Dr.Ashok K.Bhatnagar, Former Professor and Head, Department of Botany, University of Delhi and (3) Dr.Monika Koul, Professor in Botany, Hansraj College, University of Delhi, was constituted under the said Office Memorandum dated the 02.08.2024 and the team was requested to submit its opinion latest by 03.08.2024 to enable the submission to the Additional Registrar (Judicial).
4. A report dated 03.08.2024 signed by all the aforesaid three experts has been placed on record which reads as under:
"National Council of Educational Research and Training Sri Aurobindo Marg, New Delhi - 110016 Date: 03/08/2024 To, The Additional Registrar (Judicial), High Court of Karnataka, Kalaburagi Branch, Kalaburagi, Karnataka.
Subject: Opinion of 3-member team of subject matter experts in Biology on -6- NC: 2024:KHC-K:5653 WP No. 201450 of 2024 the correct option for the question 102 in the NEET (UG) examination 2024.
Reference: NCERT OM, dated 2nd August 2024, issued with the approval of Director NCERT, in compliance to the order of Hon'ble High Court of Karnataka in WP 201450 of 2024 A meeting of 3-member team of subject matter experts in Biology was held on 03/08/2024 at 10:00 am in the office of Head DESM (Department of Education in Science and Mathematics), First Floor, Janaki Ammal Block, NCERT Campus, Sri Aurobindo Marg, New Delhi-110016. Following team of subject matter experts in Biology was present:
1. Dr. Sunita Farkya, Professor & Head, DESM, NCERT.
2. Dr. Ashok K Bhatnagar, Former Professor & Head, Department of Botany, University of Delhi
3. Dr. Monika Koul, Professor in Botany, Hansraj College, University of Delhi.
The team have gone through the matter listed at sr.no.4, for hearing on 01.08.2024, and observations/directions passed by the Hon'ble Court and formulated its' opinion as following:
1. Correct option is (4) C. The Label 'C' clearly points to the radicle which is destined to form root when the seed germinates -7- NC: 2024:KHC-K:5653 WP No. 201450 of 2024
2. Recorded response of the petitioner-
Option No. 1, i.e "D". 'D' points to coleorhiza, that is a protective cover to 'Radicle' in embryo stage. Main function of coleorhiza is to protect embryonal root. Secondarily, it is. a source of water and nutrients necessary for growth of the root during germination. Option No (1) D is therefore incorrect.
3. References are:
That 'C' in the diagram refers to radicle is clearly given in NCERT textbook class XI page no. 67.
4. That radicle is destined to form root is also given in standard textbooks, such as:
Embryology of Angiosperms, 6th Edition; Bhojwani S.S. and Bhatnagar S. P.; The Vikas Publishing House. 2016.
Overview of Seed Development, Anatomy and Morphology. By Elwira Sliwinska and J. Derek Bewley, In CAB International (2014). Seeds: The Ecology of Regeneration in Plant rd Communities, 3 Edition (ed. R. S. Gallagher)."
5. A perusal of the said report would indicate that the correct option is option (4) relating to answer (C) -8- NC: 2024:KHC-K:5653 WP No. 201450 of 2024 and it is further stated that option (1), which refers to label (D) is incorrect.
6. In that view of the matter, the report is accepted and the answer at option (4) with label (C) is accepted to be the correct answer.
7. Learned counsel for the petitioner once again seeks to reiterate that the diagram given in respect of question No.102 is not in terms of what is found at page No.67 of the text book for Class-XI published by the NCERT as a revised edition in November- 2022. He again reiterated his submission that the location of the arrow mark would be very much relevant and the students are imparted their instructions by the colleges on the basis of the said diagram. The said students would be at a disadvantage if some other book is referred to by the NTA while awarding marks and correcting the answer scripts. His submission is placed on record. -9-
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8. The respondents would be well advised to consider this aspect for the future examinations.
9. Now that a report of the subject experts appointed by this Court has been placed on record indicating that the correct answer is option (4) referring to label (C), the answer given by the petitioner being option (1) referring to label (D), the same having been certified by the expert committee to be incorrect. The grievance of the petitioner that the answer given by the petitioner as option (1) referring to label (D) has to be considered by respondent No.2 and award marks accordingly, cannot be accepted. The expert report being required to be accepted by this Court. No grounds having been made out in the petition, the petition stands dismissed.
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(SURAJ GOVINDARAJ) JUDGE VNR List No.: 1 Sl No.: 21 CT: RBM