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Abhineet Mishra vs National Testing Agency & Ors on 7 October, 2022 cites

Kanpur University And Others vs Samir Gupta And Others on 27 September, 1983

6. The Court has considered afore-noted contentions of parties. The scope of judicial review in matters relating to challenge of evaluation of examinations on the ground of erroneous answer key is well settled. The Supreme Court in Kanpur University & Ors. v. Samir Gupta & Ors.,2 has held that answer key should be assumed to be correct unless it is proved to be wrong and it should not be held to be wrong by an influential process of reasoning or process of rationalisation. The answer key must be clearly demonstrated to be wrong and the error must be such as no reasonable body of men well versed in the particular subject would regard it as correct.
Supreme Court of India Cites 1 - Cited by 633 - Y V Chandrachud - Full Document

Freya Kothari vs Union Of India & Ors on 22 September, 2022

10. As regards Question No. 118 (Botany), Petitioner's contention is that since all statements contained in said question were correct, none of the options can be considered as correct. On this issue, court firstly finds merit in the contention of Mr. Khanna that this very question, was unsuccessfully challenged in somewhat similar circumstances in Freya Kothari (supra) and should not be re-examined. In the said case, Petitioner therein had relied upon an NCERT textbook to assail the final answer key, however, the challenge was rejected. The Court held that answers to tricky questions cannot be argued in a straitjacket formula; in certain cases, one or two answers can appear to be correct, but the candidate has to choose the answer which is the most appropriate, as agreed by experts. The Court also opined that per NCERT textbook relied upon, the answers were debatable and thus, beyond scope of judicial review.
Delhi High Court - Orders Cites 9 - Cited by 2 - Full Document

National Board Of Examination vs Association Of Md Physicians on 6 August, 2021

14. As per the Multiple-Choice Question format of examination in the present case and as per reasoning provided in above extract, candidates were to choose the correct or most appropriate answer, and option one would be most appropriate answer for Question No. 118 (Botany). In fact, Clause 2(a)(i) of NTA's NEET (UG) 2022 Instructions stipulates that four marks (+4) will be awarded for correct answer or most appropriate answer. That apart, since two different divergent opinions are shown, the Court cannot assume the one cited by Petitioner to be correct and reject the other. At this juncture, views expressed by Division bench of this Court in a recent judgment in National Board of Examination v. Association of MD Physicians,3 need to be emphasized; where it has been observed that it would not be prudent for a Court to act like an expert in a subject alien to it when body of experts has arrived to a contrary stand. Indeed, this Court does Signature Not Verified W.P.(C) 13409/2022 Page 8 of 9 Digitally Signed By:SAPNA SETHI Signing Date:08.10.2022 17:27:10 not have expertise in the subject and cannot substitute expert's opinion with its own. This is beyond the permissible scope of judicial review.
Delhi High Court - Orders Cites 3 - Cited by 2 - J Singh - Full Document
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