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Delhi High Court - Orders

Aashi Sharma, Minor Through Her Natural ... vs Union Of India Through Its Department Of ... on 6 October, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~81
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 14199/2022
                               AASHI SHARMA, MINOR
                               THROUGH HER NATURAL GUARDIAN
                               MR. SAROJ KUMAR                            ..... Petitioner
                                            Through: Mr. Ayush Sharma and Ms. Soumya
                                                     Dhankani, Advocates.

                                                versus

                               UNION OF INDIA
                               THROUGH ITS DEPARTMENT OF
                               HIGHER EDUCATION & ORS.                   ..... Respondents
                                             Through: Mr. Neeraj, Mr. Sahaj, Mr. Vedansh
                                                      Anand and Mr. Rudra, Advocates for
                                                      R-1/UOI.
                                                      Mr. Apoorv Kurup, Ms. Nidhi Mittal
                                                      and Ms. Aparna Arun, Advocates for
                                                      R-2/UGC.
                                                      Mr. Sanjay Khanna, Standing
                                                      Counsel with Ms. Pragya Bhushan,
                                                      Mr. Karandeep Singh and Mr.
                                                      Tarandeep Singh, Advocates for R-
                                                      3/NTA.

                               CORAM:
                               HON'BLE MR. JUSTICE SANJEEV NARULA
                                            ORDER

% 06.10.2022

1. Petitioner, who appeared in Common University Entrance Test (Under-Graduate) - 2022 ["CUET (UG) - 2022"], is aggrieved with the provisional answer-key in respect of Question ID. 1103819 under 'Economics/ Business Economics' and Question ID. 1103403 under Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:07.10.2022 10:33:05 'Accounting/ Book Keeping' issued by Respondent No. 3 [National Testing Agency - hereinafter "NTA"].

2. At the outset, Mr. Ayush Sharma, counsel for Petitioner, states that subsequent to the score-card [Annexure P-3] which was issued on 16th September, 2022, an updated score-card has been released qua Petitioner wherein the Percentile Score for the subject: 'Economics/ Business Economics' (code: 309) was increased from 98.0156344 to 100.0000000. This, he states, was perhaps owing to Petitioner's challenge to Question ID. 1103819 being accepted by NTA. Nevertheless, he submits that only NTA can provide clarity on this aspect.

3. Issue notice. Counsel for Respondents, mentioned in the appearance above, accept notice on behalf of Respondents. Let counter-affidavit be filed within a period of one week from today. Rejoinder thereto, if any, be filed within a period of three days thereafter.

4. Upon filing of process fee, issue notice to remaining Respondent No. 4/NCERT, by all permissible modes, returnable on the next date of hearing.

5. On the next date of hearing, NTA shall also produce relevant deliberations/ records with respect to the above-said challenges raised by Petitioner. Mr. Ayush Sharma, counsel for Petitioner, further points out that although NTA permits challenge to provisional answer-key(s), however, they do not declare the result of such challenge(s) and further, do not publish final answer-key(s). On a query of the Court, Mr. Khanna states that he will Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:07.10.2022 10:33:05 take instructions on this issue. NTA, in their counter-affidavit, should also explain the rationale behind not publishing the final answer-key(s) qua CUET (UG) - 2022 and also the basis for updating/ revising the score-card of Petitioner.

6. Re-notify on 18th October, 2022.

SANJEEV NARULA, J OCTOBER 6, 2022 d.negi Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:07.10.2022 10:33:05