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Showing contexts for: challenging key answer in Nishant Basoya vs Registrar General, The High Court Of ... on 1 October, 2019Matching Fragments
5. As it turned out the answer keys were ultimately published on 26th September 2019 and immediately upon noticing the answer keys to some of the questions the present petitions have been filed.
6. It must also be noticed that there are different series of questions for e.g. A, B, C and so on. Some questions are common to the different series. In other words the question numbers of the same question would be different in the different series.
7. For 13 of the 15 questions, the answer keys to which have been challenged, the Court has had the benefit of a chart prepared by learned counsel appearing for the High Court. The answer keys to the 2 further questions have been challenged in WP (C) 10757 of 2019 (Umesh v.
1. The counter claim and the suit will be barred
2. Only the counter claim would be barred
3. The defendant can file both either a counter claim or a suit
4. The defendant‟s claim stands abandoned."
63. The answer keys states that the correct answer is (3) above, whereas according to the Petitioners, the correct answer would be (2) above.
64. After some arguments, this question was not pressed and the challenge to the answer key to this question was withdrawn.
625. The challenge to this answer key is therefore negatived.
Question XIII [Q.No.112 (in Series D)]
67. The said question reads as under:
"Parliament‟s lack of power to alter the Basic Structure of the Constitution was propounded for the first time in:
1. Sajjan Singh Vs. State of Rajasthan in a dissenting judgement
2. Keshavanand Bharati Vs. State of Kerala
3. I. C. Golak Nath Vs. State of Punjab
4. Minerva Mills Vs. UOI."
68. The answer key states that the correct answer is (1) above, whereas the Petitioners state that it is (2) above.
78. Though the above decisions were in the context of Section 11 of the Act the principle would extend to the petition under Section 34 of the Act. Once the arbitration is taking place in Mumbai pursuant to the agreement between the parties the further challenge to the Award would have to be in the Court of that place. Consequently, the Court negatives the challenge to the answer key to Question No.190.
79. To summarize the judgment of this Court, out of the challenge to the answer keys for 15 questions, the Court upholds the challenge to answer keys to the questions at I, II, III, V, VII, VIII, IX, X and XIII above i.e. nine questions. The Court notices at this stage that there is a negative 0.25 mark for each wrong answer and, therefore, the prejudice to the Petitioners in respect of the above 9 questions would be substantial.