Kanpur University And Others vs Samir Gupta And Others on 27 September, 1983
17. Therefore, it appears that out of the question set two of the questions being
questions Nos. 9 and 43 the key answers suggested by the University are demonstratively wrong. So there cannot be any negative deduction of marks from the petitioner, on the other hand the petitioner is entitled to get one mark for each of these questions and there will be no deduction of 1/2 marks for giving answer not tallying with the key answer for each of these questions. In other words the petitioner is entitled to get in total 3 marks. I have already stated hereinbefore that the other five questions are ambiguous as they suggest more than one correct answer. Therefore the petitioner cannot be penalised for his answer being not tallying with the key answers by not only depriving him from getting one mark for each of the correct answer, but also deducting 1/2 marks for each of the correct answers given by the petitioner on the ground that the same did not tally with the said key answers. It is pertinent to refer in this connection to the decision of the Supreme Court , Kanpur University v. Samir Gupta, where it has been observed that where the key answer is clearly demonstrated to be wrong and the answers given by the student are correct the examinee is entitled to get marks allotted for the said questions and there will be no negative marking for the answers given by the examinee not tallying with the key answers provided by the paper setters.