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(i) Whether in the absence of any provision in statutory rules regarding re-evaluation of an "answer paper", a complete 'hands-off' approach has to be adopted by the writ courts, especially when the examinations are conducted under the supervision of subject experts?
(ii) In case answer to issue no (i) is in negative, then whether the scope of interference would differ in case of an "answer paper" which is multiple choice/ answer key based than that of an answer paper which is subjective type? If yes, then what is the scope of interference in both the cases i.e objective and subjective answers?
" 16. Shri Kacker, who appears on behalf of the University, contended that no challenge should be allowed to be made to the correctness of a key answer unless, on the face of it, it is wrong. We agree that the key answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well versed in the particular subject would regard as correct. The contention of the University is falsified in this case by a large number of acknowledged text- books, which are commonly read by students in U. P. Those text-books leave no room for doubt that the answer given by the students is correct and the key answer is incorrect.
17. Students who have passed their Intermediate Board Examination are eligible to appear for the entrance Test for admission to the Medical Colleges in U. P. Certain books are prescribed for the Intermediate Board Examination and such knowledge of the subjects as the students have is derived from what is contained in those text-books. Those text-books support the case of the students fully. If this were a case of doubt, we would have unquestionably preferred the key answer. But if the matter is beyond the realm of doubt, it would be unfair to penalise the students for not giving an answer which accords with the key answer, that is to say, with an answer which is demonstrated to be wrong.
"14. In the instant case, Justice Sikri critically examined the selection process as well as the evaluation method and it is explicit from his report that the procedure of evaluation was `uniform'. We are of the view that evaluation done by multiple evaluators i.e. one Evaluator examining and marking one question in all the mark-sheets, ensures uniformity and prevents chance grading. Every candidate's answers are marked on same parameters by the same examiner. There can possibly be no other better method to ensure uniformity in evaluation. The petitioners have stated that as per the information received via RTI no model 21 of 29 `answer key' was present. It gives more credance to the afore-stated method of evaluation as no model `answer key' ought to be devised for the Main Exam, the purpose whereof is not to just assess the knowledge of candidates but also to evaluate their analytical ability. In the present case, there was no Examiner Variability, therefore, Justice Sikri has very aptly remarked that, "this was well intended move to attain uniformity in evaluation". This method ensures equal level play field for all candidates. The only setback was lack of holistic view and lack of realistic expectations in the examiner's mind, for which there are adequate remedies as discussed in the later part of this order.