High CourtsDivision Bench(2010) 04 SHI CK 0009

Dr. Neeraj Sharma and Others vs State of H.P. and Others Dr. Dhananjay Singh Vs State of H.P. and Another

High Court Of Himachal Pradesh · Decided on 8 April 2010

HON’BLE JUDGES
Kurian Joseph, C.J · R.B. Misra, J
CASE NUMBER
CWP No''s. 781 and 920 of 2010

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Judgment

10 paragraphs · 441 words

Kurian Joseph, C.J.—These writ petitions pertain to the disputes raised by the students who had appeared for the entrance examination for the purpose of admission to Post Graduate Courses. There were several disputes with regard to the questions as we have already referred in our earlier order dated 26th March, 2010. It is sad and if not unfortunate that such controversies are there every year. True, nobody is infallible. It is also equally true that there can be two approaches on an issue and it is also to be observed that in the matter of investigation also, different approaches are possible. Keeping all these in mind, to enable the students to properly prepare for the examinations and also to have the answers correctly valued, we direct the University to notify in advance the authentic text-books also, which would be referred for the purpose of answers so that such sort of disputes may not be there in future. In view of the onerous responsibility cast on the Government and the University, they should also seriously consider as to whether it is more expedient to entrust the conduct of such entrance examination with reputed Institutions so that University and Government will be spared of the headache of preparing the question papers.

2.

Having observed as above and coming to the disputes raised in these Writ Petitions, having regard to our order dated 26th March, 2010, having regard to the work undertaken by the University with the help of three external experts and having regard also to the position in authentic text-books, we find that following directions are to be issued:

1) Out of the total 200 questions since three questions are wrongly posed, the evaluation will be out of 197 only.

2) For question No. 12, marks should be awarded to students who have answered as "A", "B" and "C".

3) For question No. 60, marks should be awarded to students who have answered either "B" or "C".

4) For question No. 62, the correct answer is "C".

5) For question No. 120, the marks should be awarded to those students who have answered as "A" and "D".

6) For question No. 123, marks should be awarded to those students who have answered as "C" and "D".

3.

Answer sheets will be re-evaluated on the basis of the above modifications and the revised merit list should be published within a week. The University will fix the Counselling dates appropriately. The Counselling in any case shall be fixed only from 20th of April, 2010 onwards.

4.

With these observations, all the above-mentioned writ petitions are disposed of, so also the pending application(s), if any.