Tejas Girish Menon v Union of India and National Testing Agency

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23RD DAY OF DECEMBER 2021 / 2ND POUSHA, 1943 ## WA NO. 1592 OF 2021 [AGAINST THE JUDGMENT DATED 15/11/2021 IN WP(C) NO.24158/2021] ## APPELLANT/PETITIONER: TEJAS GIRISH MENON, 18 YEARS, S/O. GIRISH THEKKE PALAZHI, PALAZHI, MURINGOOR, THRISSUR-680 311 . BY ADV. SHRI P. DEEPAK ## RESPONDENTS/RESPONDENTS: - 1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EDUCATION, 122-C, SHASTRI BHAVAN, NEW DELHI- 110 001. - 2 NATIONAL TESTING AGENCY, REPRESENTED BY ITS DIRECTOR, C-20 IA/8, SECTOR 62, IITK OUTREACH CENTRE, DISTRICT NOIDA, UTTAR PRADESH-201309. R1 BY ADV. SRI. S. MANU, ASGI R2 BY ADV. SRI. NIRMAL S., SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.1592/2021 -:2:- ## **JUDGMENT** Dated this the 23[rd] day of December, 2021 ## **S. Manikumar, CJ** Instant writ appeal is filed against the judgment dated 15.11.2021 in W.P.(C) No.24158 of 2021, by which, a learned Single Judge found that there is no reason to interfere in the matter of correctness of an answer key in the NEET UG entrance examination as sought for by the petitioner and accordingly, dismissed the writ petition. 2. Facts leading to the filing of the instant appeal are that, the appellant herein has filed the writ petition seeking, _inter alia_ , for a writ of mandamus commanding the 2[nd] respondent, National Testing Agency, represented by its Director, District Noida, Uttar Pradesh, to revise the answer key for Question No. 184 of Question Paper coded 'O5' as 'Option No.4' instead of 'Option No.1' and revise the marks awarded to the appellant consequent thereto in the NEET (UG), 2021 examination held on 12/09/2021. 3. Appellant has further stated that he had appeared for the National Eligibility-cum-Entrance Test (UG), hereinafter referred to as WA.1592/2021 -:3:- the 'NEET(UG)-2021' held on 12[th] September, 2021 by the 2[nd] respondent for admission to undergraduate medical courses with roll number 2812013047 and application No.210410141226. Appellant scored 695 marks out of 720, securing an All-India Rank of 293 and an All-India Counselling Rank of 301, with a percentile score of 99.977. One of the questions (Question No.184) in the question paper coded 'O5' assigned to the appellant is extracted hereunder: “184. Venereal (sic) diseases can spread through: - a) Using Sterile Needless - b) Transfusion of blood from infected person c) Infected Mother to Foetus d) Kissing - e) Inheritance Choose the correct answer from the options given below- 1) (b) and (c) only 2) (a) and (c) only 3) (a), (b) and (c) only 4) (b), (c) and (d) only” 4. Appellant has further stated that he has chosen 'Option 4' indicating that venereal diseases can spread by 'transfusion of blood from infected person', through 'infected mother to foetus' and also by 'kissing'. That is to say, by '(b), (c) and (d) only and obviously not by 'using sterile Needless' or by 'inheritance', i.e. by (a) & (e). WA.1592/2021 -:4:- 5. In the provisional answer key published by the 2[nd] respondent on 15.10.2021, the answer to Question No.184 referred to above was given as 'Option 1'. That is to say, the provisional answer key indicates that venereal diseases can spread only through transfusion of blood from infected person and infected mother to foetus, and not by kissing. According to the appellant, in other words, the provisional answer key ruled out completely and absolutely 'kissing' as a means of spreading venereal diseases. 6. Appellant has further stated that the most rudimentary textbooks on venereal disease like syphilis indicate 'kissing' as a means of spreading the venereal disease. He has also stated that paragraph 13.2.3 of the Information Bulletin published by the 2[nd] respondent makes it incumbent on the 2[nd] respondent to verify a challenge made by a candidate to the Provisional Answer Key, with the help of a panel of experts. According to the appellant, this has not been done by the 2[nd] respondent, which resulted in grave miscarriage of justice. Hence, invoking paragraph 13.2 of the Information Bulletin published by the 2[nd] respondent for the conduct of NEET (UG)-2021, appellant WA.1592/2021 -:5:- challenged the Provisional Answer Key in relation to question No.184 on 15.10.2021 itself. 7. Appellant has further stated that as per the statement filed by the 2[nd] respondent before the writ court, it has come on record that as many as 443 out of 4070 challenges made to the 200 questions in all were directed against Question No.184. That is to say, the number of challenges to question No.184 was more than 22 times the average number of challenges to any other question. However, in the final answer key (Exhibit-P6), published by the 2[nd] respondent on 01.11.2021, the answer key in relation to question No.184 of the question paper coded 'O5' was maintained as 'Option No.1', without making any revision, as sought for by the appellant. In the above circumstances, the writ petition was filed by the appellant for a revision of the marks awarded to him by reckoning 'Option No.4' as the correct answer for Question No.184. 8. Appellant before the writ court has contended that 'Option No.1' is neither the correct answer nor the best option and that 'Option No.4' on the contrary, is the correct answer and consequently, the best WA.1592/2021 -:6:- option insofar as Question No.184 is concerned, for the reason that 'Option No.1' which completely rules out kissing, i.e., answer (c) as a cause for spreading venereal diseases is demonstrably wrong, since out of five answers given to the question, only 'sterile Needleless' rules out as a cause for spreading venereal diseases. Whereas 'kissing'. i.e., answer (c), is one of the recognised causes for spreading venereal diseases, in particular, herpes, syphilis and HIV. 9. In order to support his contention that 'Option No.4' chosen by him is the correct/best option to Question No.184 and the said conclusion is beyond the realm of any doubt, appellant has referred to some authoritative textbooks, viz., National Council of Educational Research and Training (NCERT) for Class XII, which deals with reproductive health, particularly clause 4 therein. That apart, he has referred to sub-chapter 4.4 of the textbook, which deals with Sexually - Transmitted Infections or Venereal Diseases to mean infections or diseases which are transmitted through sexual intercourse and enumerates Gonorrhea, syphilis, herpes, HIV leading to AIDS as some of the common STIs. WA.1592/2021 -:7:- 10. Appellant has also referred to the textbook published for biology to Higher Secondary Classes by the Council of Higher Secondary Education, Odisha, a recognised Educational Board by the Council of Boards of School Education (COBSE), which clearly states that sexually transmitted diseases (STDs) are infectious diseases that spread from person to person through intimate contact and the infection may spread through any type of sexual contact involving external genitalia, the anus or mouth, as evident from Exhibit-P8. 11. Apart from the above, appellant has relied on the textbook published for biology-zoology for Higher Secondary Second Year by the Department of School Education, Government of Tamil Nadu, a recognised Educational Board by the Council of Boards of School Education (COBSE) (Exhibit-P9); the core modules prepared by the Telangana Open School Society (TOSS), a recognised Educational Board by the Council of Boards of School Education (COBSE) for Senior Secondary Course (Biology 2) (Exhibit-P10); the web page on 'syphilis', which is one of the most common venereal diseases, maintained by the National Health Portal, Government of India, and WA.1592/2021 -:8:- the web page of United States National Library of Medicine dealing with sexually-transmitted diseases (STD). 12. Before the writ court, the 2[nd] respondent has filed a statement, wherein it was contended as under: - A. The National Testing Agency (NTA) was established by the Ministry of Human Resource Development (MHRD), now renamed as Ministry of Education, Government of India (GOI), as an independent, autonomous and self-sustained premier organization, registered under the Societies Registration Act, 1860 with the following objectives: - (a) To conduct efficient, transparent and international standards tests in order to assess the competency of candidates for admission, and recruitment purposes. (b) To undertake research in educational, professional and testing systems to identify gaps in the knowledge systems and take steps for bridging them.' (c) To identify experts and institutions in setting examination questions. (d) To produce and disseminate information and research on education and professional development standards. B. The Information Bulletin for NEET (UG) 2021 has been issued to the candidates with the approval of Ministry of Health & Family Welfare vide its letter WA.1592/2021 -:9:- No.V.11025/59/2021-MEP (FS:8102336) dated 07.04.2021. The dates along with relevant instructions and detailed procedure for application/ registration for NEET (UG) 2021 were announced in the information Bulletin published for this exam on the Web Portal: ntaneet,nic.in. C. The Online application for this exam was launched on 13.07.2021 along with the last dates for receipt of Online Application Form and payment of prescribed application fee were 06.08.2021 & 07.08.2021 respectively, The last date for submission of the Application Form was extended upto 10.08.2021, to enable the aspiring, candidates [including the students seeking admission to B.Sc (Hons.) Nursing Course], to apply for NEET (UG) 2021, A Public Notice to this effect was also issued on 03.08.2021 on the Exam Portal for information of all the aspiring candidates, including the students seeking admission to B.Sc (Hons.) Nursing Course, to apply for NEET (UG) 2021. The candidate had appeared for NEET (UG) 2021, on 12.09.2021 from Centre No. 2812013 (Kendriya Vidyalaya Thrissur, Kerala-680551) with Application Number: 210410141226 and Roll Number: 2812013047. - D. It is further submitted that the NEET (UG) 2021 WA.1592/2021 -:10:- examination was held on 12.09.2021, the Answer Keys were first verified by the subject experts, and thereafter, Provisional Answer Keys and recorded responses, as well as scanned images of OMR answer sheets of NEET (UG)-2021, were displayed on the official website. That apart, the candidates were informed through a public notice dated 15.10.2021 issued in the examination portal, as evident from Annexure-R2(a) the objections to the Answer Key(s) and/or Recorded Responses were permitted from 15[th] October, 2021 (Friday) to 17[th] October, 2021 (Sunday) up to 9.00 p.m., with payment of Rs.1,000/per Answer challenged. E. Respondent No.2 further contended that in response, 4070 challenges were received from the candidates and the responses were placed before respective Subject Experts, who are professors from IITs and reputed Universities, for verification. The Subject Experts went through the challenges and considered each and every aspect. On carefully examining the challenges and providing evidence/supporting literature, the Subject Experts did not find any merit in the objections of any discrepancy in the Provisional Answer Keys to the said questions and rejected the challenges received, including the challenge to 'O5' WA.1592/2021 -:11:- series. They further declared the Provisional Answer Keys already published on 15.01.2021 as Final Answer keys. - F. It was further contended that the above-mentioned Final Answer Keys, which were finalised by the Subject Experts were placed before the Result Committee of NTA comprising of Representatives of Ministry of Health and Family Welfare, Director General of Health Services, Medical Council of India, etc., in is meeting held on 20.10.2021. It is pertinent to note that there has been no change in the Answer Keys. Thereafter, the Answer Keys were treated as final and uploaded in on the website on 01.11.2021 and the result was declared. - G. It was further contended that the petitioner/candidate has challenged the Answer Key on 15.01.2021. He has challenged the Provisional Answer Key of Question No.184. He claimed that 'Option No.4' is the correct Answer Key of Question No.184. It may be noted that the petitioner has conveniently omitted to produce the second page which deals with causes of syphilis as published in the National Health Portal of Govt. of India, which clarifies that the bacteria can enter one's body if he/she have close contact with an infected sore, normally during vaginal, anal or oral WA.1592/2021 -:12:- sex or by sharing sex toys, as evident from AnnexureR2(g). It is evident from Annexure-R2(g) that contact with an infected sore is the only mode of transmission of the bacterial; contends the 2[nd] respondent. H. The Subject Experts scrutinized 443 challenges to Q. No.184 and opined that there is no change in the Provisional Answer Keys to Question No.184. The question put before the candidates during the examination was Venereal diseases can spread through; (a) Using Sterile Needless; (b) Transfusion of blood from infected person; (c) Infected Mother to Foetus; (d) Kissing; and (e) inheritance. The Final Answer Key to Q. No.184 is 'Option No.1' and it provides the correct answer as '(b) and (c) only, as both the options specifically mention 'infected person'. Whereas, 'Option No.4', as claimed by the petitioner as correct, suggests the correct answer as '(b), (c) and (d) only'. However, it is pertinent to note that the part (d) kissing does not specifically mention 'infected person' to be considered along with (b) and (c) as the correct answer. Therefore, the correct answer to Q. No.184, as opined by the Subject Experts is 'Option No.1' only. In that view of the matter, it is contended by the 2[nd] respondent that the challenges have been duly considered and carefully WA.1592/2021 -:13:- ## evaluated by the Subject Experts. I. It was further contended that the petitioner had relied on certain documents marked as Exhibits-P7 to P15 in I.A. No.1 of 2021 in W.P.(C) No.24158/ 2021, which were never placed before the 2[nd] respondent while challenging Question No.184. At this juncture, it is contended that in an examination, a candidate is tested for knowledge and prowess at the time of the examination. It is wholly irrelevant whether the candidate acquires knowledge subsequently. Likewise, when an answer key is challenged, the candidate is expected to place the relevant material supporting the challenge at the relevant time. Research done subsequently, i.e., documents submitted in Interim Application as additional documents, cannot be a relevant consideration for reviewing the correctness of the Answer Key at a later point of time. J. It was further contended that the information bulletin of NEET (UG) 2021 at clause 13.2.3 under chapter 13; Post Examination Activities and Declaration of Result, provides that challenges made by the candidates will be verified by the NTA with the help of a panel of subject experts. If found correct, the answer key will be revised accordingly. Based on the WA.1592/2021 -:14:- revised Final Answer Key, the result will be prepared and declared. Further, it has been clarified that no individual candidate will be informed about the acceptance/ non-acceptance of his/her challenge. It is settled law that it is for the Experts/Academic bodies and not for the courts to go into the correctness of the answers contained in the Answer Key, as Experts are the best Judge of the subject/academic issues and these matters should be left to the wisdom of academic bodies and the courts should not ordinarily interfere with them. K. In support of his contentions, the 2[nd] respondent has relied on the decisions of the Hon'ble Supreme Court in **U.P.P.S.C through its Chairman & Anr. v. Rahul Singh & Anr.** [AIR 2018 SC 2861] and **H.P. Public Service Commission v. Mukesh Thakur** reported in (2010) 6 SCC 759. For the foregoing reasons, the 2[nd] respondent prayed for dismissal of the writ petition. 13. After considering the pleadings, decisions relied on by the writ petitioner/appellant, submissions of learned standing counsel for the 2[nd] respondent - NTA, and learned ASGI representing the 1[st] respondent, writ court dismissed the writ petition, by the impugned WA.1592/2021 -:15:- judgment dated 15.11.2021. Relevant portions of the said judgment are reproduced hereunder: “19. The issue arising for consideration is as to whether the answer key giving option No.1, i.e., (b) and (c) only to the question No.184 is to be interfered with. The contention of the petitioner is that venereal diseases can spread through kissing also. Therefore the appropriate answer will be “(b), (c) and (d) only” given at Sl.No.4. The petitioner has given that answer. Since the option No.4 is the correct answer, the petitioner should be granted marks for the said correct answer. The petitioner has promptly challenged the answer key on the stipulated date itself. The petitioner has made available sufficient materials to conclude that the answer key is not correct. Exts.P8 to P12 documents are not properly considered by the respondents while deciding the challenge against the answer key. 20. Going through the answers given to Question No.184, it is evident that answer option No. (b) states that venereal diseases can spread through transfusion of blood from infected persons. Answer option (c) provides that venereal diseases can spread through infected mother to foetus. At the same time, answer No.(d) does not indicate that the intended kissing is by an infected person. The stand of the respondents is that unless the kissing is by an infected person, there is no likelihood of spread of venereal diseases. 21. When the answer options given by the respondents at (b) and (c) are clear and specific, the approach of the students gains importance. When two of the answers indicate existence of an infected person to spread venereal disease, the other options at (a), (d) and (e) do not speak of any infected person. The stand of the Subject Experts is that when the options at (b) and (c) specifically speak about the existence of an infected WA.1592/2021 -:16:- person for transmission of venereal diseases, the other options should be read in that context. The approach and sharpness of the students answering questions in a competitive examination for admission to a high professional Degree Course, is important. This Court finds that the reasoning given by the respondents, which is based on the opinion of Subject Experts, to conclude that Sl.No. (1), (b) and (c) is the correct answer, is convincing. 22. As held by the Hon'ble Apex Court in **Ran Vijay Singh and others** (supra), it is the onus of the candidate to demonstrate that the key answer is incorrect and also that it is a glaring mistake which is apparent. It is not enough for the candidate to show that the key answer is wrong by an inferential process and reasoning. In the present case, taking into consideration the explanation given by the respondents, it cannot be said that the answer given in the answer key is incorrect or is a glaring mistake. 23. It is a settled proposition of law that in academic matters the academicians and academic bodies are the experts. This will be especially so when the examinations are related to admission to higher professional courses. It will be highly improper for the courts to go into the correctness of the answers contained in the Answer Key, unless of course the answers are glaring mistakes. Experts are the best judges in such matters. 24. In this case, questions were prepared by the Subject Experts. The answers were finalised by the Subject Experts after verification of Answer Keys. The OMR answer sheets and Answer Keys (provisional) were uploaded and displayed on the website of NEET (UG). Objections in respect of answer keys were received. The objections were examined by the Subject Experts of the National Testing Agency. Final Answer Keys were decided by the Subject Experts after due WA.1592/2021 -:17:- consideration of the objections. 25. In the judgment in Kanpur University (supra), the mistake occurred in the Answer Keys was consequent to a wrong translation and the answer was glaringly wrong. It was in such circumstances that the Hon'ble High Court of Allahabad interfered in the matter and the Hon'ble Apex Court refused to unsettle the judgment of the High Court. The facts involved in the present case do not warrant any interference in the Answer Keys. The facts based on which the judgment in Abhijit Sen and others (supra) was decided, were also based on a tricky question. The question No.184 concerned in this case cannot be described as a tricky question. 26. In the judgment of the Division Bench of this Court in **State of Kerala v. Fathima Seethi** (supra), the questions in issue were 'suspect questions', which are incapable of being asked as objective multi choice questions, in that they have no 'most appropriate answers'. Question No.184 in the present case cannot be said to be a suspect question.” ## 14. Being aggrieved, the instant writ appeal is filed by the writ ## petitioner/appellant, on the following grounds: - (A) Learned Single Judge ought to have seen that the construction placed by the second respondent on question No.184 and the options enumerated therein would render the question a ' **suspect** ' or a ' **tricky** ' question and consequently liable to be deleted in an examination invoking multiple choice questions of the objective type as held by the Hon'ble Supreme Court in the decisions reported in **Kanpur University v. Samir Gupta** reported in (1983) 4 SCC 309; **Abijith Sen v. State** WA.1592/2021 -:18:- **of Uttar Pradesh** reported in (1984) 2 SCC 319; and **Pankaj Sharma v. State of Jammu and Kashmir** reported in (2008) 4 SCC 273. - (B) It is further contended that the options given by the examiner to question No.184, in particular, Option Nos.1 and 4 have effectively rendered question No. 184 as a suspect question or a tricky, since there is no single, unique or most appropriate answer available from the options given by the examiner. In that view of the mater, question No. 184 is liable to be deleted, in the light of the dictum laid down in **Manish Ujwal v. Hasharshi Dayanand Saraswati University** reported in (2005) 13 SCC 744 and also by this Court in **State of Kerala v. Fathima Seethi** reported in (2002) 3 KLT 871. - (C) That apart, relying on the decision of this Court in **Madhumohan v. State of Kerala** reported in (2000) 2 KLT 669, appellant contended that in a multiple-choice objective test, it is imperative that the answers to the questions indicated must not carry two answers and care must be taken to see that questions having an ambiguous import are no set in the papers and the questions have to be clear. If there are more than one correct answer, the candidate should be confused as to which would be the most appropriate answer lest it results in a negative mark as per the prospectus, if attempted. The examinee, therefore, may leave the question unattended because, prospectus specifically says that the question will have only one most appropriate response (correct answer). Therefore, those type of questions which would carry WA.1592/2021 -:19:- more than one correct answer have to be deleted from the answer key, submits the petitioner. - (D) Relying on the decision of the Hon'ble Supreme Court in **Kanpur University v. Samir Gupta** reported in (1983) 4 SCC 309, appellant has contended that in a system of multiple-choice objective type test, care must be taken to see that questions having an ambiguous import are not set in the papers. The questions have to be clear and unequivocal and suspect questions will have to be excluded from the paper. Question No.184 in the instant case is an instance of a 'suspect' question, i.e., a question of ambiguous import. - (E) Learned Single Judge ought to have seen that the question put to the examinee was the modes in which venereal diseases can be spread. The context assumes significance since venereal diseases are sexuallytransmitted infections primarily through sexual intercourse or intimate physical contact with the infected person. The venereal disease causing germ transmits through the human host/infected person and, therefore, enumerating 'kissing', which is admittedly a manifestation of an intimate physical contract, as an option for the spread of the disease is a correct answer and the absence of the phrase 'infected person' is of no consequence whatsoever since it is absolutely redundant and otiose in the context of the question put to the examinee. - (F) Learned Single Judge ought to have found that the final answer key insofar as it makes 'Option 1', the answer to Question No.184 of the question paper coded 'O5' is _ex_ WA.1592/2021 -:20:- _facie_ erroneous and the correct answer to the aforesaid question is obviously 'Option No.4' marked by the petitioner. To say that venereal diseases can spread only by 'transfusion of blood from infected person' and through 'infected mother to foetus' and not by 'kissing', particularly when, the option of kissing is specifically indicated in the choice of answers to the above question is clearly at variance with the rudimentary textbooks on venereal diseases and the answer key supplied by the 2[nd] respondent is demonstrably wrong warranting interference by this Court. - (G) Learned Single Judge ought to have seen that without the inferential process and reasoning, the question itself is wrong as there is nothing called as 'venereal disease'. It is a glaring mistake of the 2[nd] respondent and shows the extremely casual approach of NTA. The same was highlighted by the appellant while challenging the question (Exhibit P4). Exhibit-P7 is the extract of the biology text prescribed by the NCERT for the 12[th] Standard which the appellant studied. It also does not mention blood transfusion from an 'infected person' but just transfusion of blood. - (H) Further, the remit of the 2[nd] respondent is to conduct an efficient, transparent and international standards test, in order to assess the competency of candidates for recruitment purposes. The NEET (UG)-2021 is a test open even to foreign nationals. It is a proven fact that venereal diseases can be spread through in-animate objects called 'Fomites'. It does not necessarily mean a WA.1592/2021 -:21:- person. So the 2[nd] respondent's claim in paragraph 15 of their statement that it does not specifically mention infected persons does not hold true, since the paper in question is a 'zoology' paper and animals too can be in its purview. ## 15. Heard learned counsel for the parties and perused the material available on record. ## 16. Chapter 13 of the Information Bulletin published by NTA, in relation to NEET (UG)-2021, is extracted hereunder: ## “ **CHAPTER 13 - POST EXAMINATION ACTIVITIES AND DECLARATION OF RESULT** - **13.1 Display of OMR sheets and responses on the website and challenging the grading of questions on OMR** - 13.1.1. After the conduct of the examination, NTA will display the scanned images of OMR Answer Sheets and recorded responses by the machine, of all candidates on the website (https://neet. nta.nic.in//). **The exact date of display of scanned images of OMR Answer Sheets shall be communicated after the examination on the NTA website** . - 13.1.2. Applicants will be given an opportunity to submit representation against the OMR grading by paying a non-refundable processing fee of Rs. 200/- per question challenged. - 13.1.3. Representations made by the candidates against the OMR grading will be verified by the NTA from the actual record and the same will be updated in the data if challenges are found to be correct. However, no intimation in this regard will be sent to an individual candidate. 13.1.4. Applicants are advised to visit the website https://neet.nta. nic.in// for viewing WA.1592/2021 -:22:- and downloading the image of the OMR Answer Sheet by the candidates. ## **13.2 Display of Answer Key for the challenge** - 13.2.1. The NTA will display the Provisional Answer Key of the questions, giving an opportunity to the candidates to challenge, in case of any doubt in the answer key published on the website https://neet.nta.nic.in//. **For the exact date of display of the Answer Key, candidates may regularly check updates on the NTA website after the examination** . - 13.2.2. Candidates will be given an opportunity to make an online challenge against the provisional Answer Key by paying a processing fee of **Rs.1000/- per answer challenged** , within a specified period as indicated in the Public Notice. - 13.2.3. Challenges made by the candidates will be verified by the NTA with the help of a panel of subject experts. If found correct, the answer key will be revised accordingly. Based on the revised Final Answer Key, the result will be prepared and declared. - 13.2.4. **No individual candidate will be informed about the acceptance/non-acceptance of his/her challenge** . - 13.2.5. The key finalized after the challenges will be treated as final. ## **13.3 Declaration of Result** - 13.3.1. The National Testing Agency will evaluate the Answer Sheets using standard procedure and the result will be displayed on the website: https:// neet.nta.nic.in// and thereafter candidates may download their respective Score Cards. - 13.3.2. The NTA will prepare the Merit List/ All India Rank (AIR) as per Qualifying Criteria and other norms as mentioned in Chapter 14 of this Bulletin as well as the relevant regulations/ guidelines of NMC/DGHS/ MCC and Ministry of WA.1592/2021 -:23:- AYUSH/NCISM/CCIM/NCH/CCH/AACCC, as the case may be. - 13.3.3. All Candidates appearing in **NEET (UG) - 2021** must regularly check updates on the website **of NTA** _(https://neet.nta.nic.in//)_ ; **MoH&FW** ( _https://www.mohfw.gov.in/_ ); AYUSH Ministry ( _www.ayush.gov.in_ ); DGHS _https:// dghs.gov.in/content/1344_1_MedicalEducation_ .aspx); **Medical Counselling Committee** (https://mcc.nic.in/UGCounselling/); (Admission Central Counselling Committee of **Ministry of AYUSH** (https://aaccc.gov.in/ aacccug/home/homepage) and other concerned Authorities of **participating States/ Universities/Institutions** , till the conclusion of the final round of Counselling. ## **13.4 Re-checking/re-evaluation of answer sheets** - The machine–gradable Answer Sheets are evaluated with extreme care and are repeatedly scrutinized. - There is no provision for re-checking/reevaluation of the answer sheets. This is because of the following reasons: - i. The OMRs are machine gradable which are being evaluated through specific software impartial to all. - ii. The candidates are given an opportunity to make the representation on the OMR gradation of their OMR sheets and also given an opportunity to challenge the answer key in case of any doubt. - No correspondence in this regard will be entertained. - **13.5 Use of the Result of NEET (UG) - 2021 by other Organizations** The Result of the NEET (UG) - 2021 may be utilized by other Entities of Central/State Governments, in accordance with their respective eligibility criteria/other norms/ applicable regulations/guidelines/ rules.” WA.1592/2021 -:24:- ## 17. Sexually Transmitted Infections (STIs), defined under Chapter 4 of the textbook Reproductive Health is extracted hereunder: ## “ **4.4 SEXUALLY TRANSMITTED DISEASES (STDS)** Infections or diseases which are transmitted through sexual intercourse are collectively called sexually transmitted diseases (STD) or venereal diseases (VD) or reproductive tract infections (RTI). Gonorrhea, syphilis, genital herpes, chlamydiasis, genital warts, trichomoniasis, hepatitis-B and of course, the most discussed infection in recent years, HIV leading to AIDS are some of the common STDs. Among these, HIV infection is most dangerous and is discussed in detail in Chapter 8. Some of these infections like hepatitis–B and HIV can also be transmitted by sharing of injection needles, surgical instruments, etc., with infected persons, transfusion of blood, or from an infected mother to the foetus too. Except for hepatitis-B, genital herpes and HIV infections, other diseases are completely curable if detected early and treated properly. Early symptoms of most of these are minor and include itching, fluid discharge, slight pain, swellings, etc., in the genital region. Infected females may often be asymptomatic and hence, may remain undetected for long. Absence or less significant symptoms in the early stages of infection and the social stigma attached to the STDs, deter the infected persons from going for timely detection and proper treatment. This could lead to complications later, which include pelvic inflammatory diseases (PID), abortions, still births, ectopic pregnancies, infertility or even cancer of the reproductive WA.1592/2021 -:25:- tract. STDs are a major threat to a healthy society. Therefore, prevention or early detection and cure of these diseases are given prime consideration under the reproductive health-care programmes. Though all persons are vulnerable to these infections, their incidences are reported to be very high among persons in the age group of 15-24 years – the age group to which you also belong. There is no reason to panic because prevention is possible. One could be free of these infections by following the simple principles given below: (i) Avoid sex with unknown partners/multiple partners. (ii) Always use condoms during coitus. (iii) In case of doubt, one should go to a qualified doctor for early detection and get complete treatment if diagnosed with infection. 18. Sexually Transmitted Diseases, as defined under the text book published for biology for Higher Secondary Class (Class XII) by the Council of Higher Secondary Education, Odisha, read thus: ## **“4.1 SEXUALLY TRANSMITED DISEASES (STD):** Sexually Transmitted Diseases (STDs) or Sexually Transmitted Infections (STIs) are infectious diseases that spread from person to person through intimate contact. STDs can affect human male and female of all ages and backgrounds, who are having intimate contact through sexual intercourse. It does not matter if they are rich or poor. Unfortunately, STDs have become prevalent among teens, since teens are at more risk for getting STDs. It is WA.1592/2021 -:26:- important to be conscious about one's own protection. STDs can sometimes referred to as sexually transmitted infections, since these conditions involve the transmission of infectious organisms between two sex partners. More than 20 different STDs have been identified and about 19 million men and women are infected every year in the United States. The infection may spread through any type of sexual contact involving external genitalia, the anus or the mouth. An infection may also spread through contact with blood during sexual activity. STDs are infrequently transmitted by any other type of superficial contact. However, people who share hypodermic needless markedly increase the chance to contract such diseases, especially Hepatitis B. Some diseases which are not officially documented as STDs (e.g. Hepatitis A, C and E) but still are infrequently noted to be transmitted during sexual activity.” 19. Sexually Transmitted Diseases (STDs), as defined under clause 3.6 of Higher Secondary Second Year Biology-Zoology published by the Department of School Education, Government of Tamil Nadu, reads thus: ## “ **3.6 Sexually transmitted diseases (STD)** Sexually transmitted diseases (STD) or Venereal diseases (VD) or Reproductive tract infections (RTI) are called as Sexually transmitted infections (STI). Normally WA.1592/2021 -:27:- STI are transmitted from person to person during intimate sexual contact with an infected partner. Infections like Hepatitis-B and HIV are transmitted sexually as well as sharing of infusion needles, surgical instruments, etc., with infected people, blood transfusion or from infected mother to baby. People in the age of 15 to 24 years are prone to these infections. The bacterial STI are gonorrhea, syphilis, chancroid, chlamydiasis and lymphogranuloma venereum. The vial STI are genital herpes, genital warts, Hepatitis-B and AIDS. Trichomoniasis is a protozoan STI, and candidiasis is a fungal STI. STI caused by bacteria. Fungi and protozoa or parasites, can be treated but the symptoms can be controlled by antiviral medications. Latex condoms usage greatly reduces the risk but does not completely eliminate the risk of transmission of STI. ## **Prevention of STDs** (i) Avoid sex with unknown partners/multiple partners. (ii) Use condoms. (iii) In case of doubt, consult a doctor for diagnosis and get complete treatment.” 20. Relevant extract of Chapter 3 of the Information Bulletin published in relation to NEET (UG)-2021 (Exhibit-P15) reads thus: WA.1592/2021 -:28:- **==> picture [392 x 578] intentionally omitted <==** WA.1592/2021 -:29:- 21. Public notice issued by the 2[nd] respondent – National Testing Agency dated 15.10.2021, is reproduced hereunder: **==> picture [382 x 564] intentionally omitted <==** WA.1592/2021 -:30:- 22. Procedure for Challenge of Answer Key prescribed by the 2[nd] respondent - National Testing Agency, is reproduced hereunder: **==> picture [391 x 536] intentionally omitted <==** WA.1592/2021 -:31:- 23. Procedure for Challenge of OMR Answer Sheet, Grading and Recorded Response, prescribed by the 2[nd] respondent - National Testing Agency, is reproduced hereunder: **==> picture [392 x 534] intentionally omitted <==** WA.1592/2021 -:32:- ## 24. The Final Answer Key in relation to question paper coded ## 'O5' published on 01.11.2021 is reproduced hereunder: **==> picture [395 x 542] intentionally omitted <==** WA.1592/2021 -:33:- 25. The sole question emerging for consideration is as to whether the impugned judgment requires interference. In our considered view, learned Single Judge has taken into account the entire materials available before the court and being convinced that the best option answer is ‘Option No.1’, as coded by the National Testing Agency, dismissed the writ petition filed by the appellant, overruling his contention that through kissing also, there is a likelihood of spreading of Sexually Transmitted Disease. 26. The National Testing Agency has published an examination scheme as per the Information Bulletin, extracted above, for the purpose of NEET(UG)-2021. Among other things, it specifies display of answer key for the challenge, declaration of result, rechecking/ revaluation of answer sheets, etc., and other material factors of the examination conducted by the NTA enabling the candidates to challenge the answer key. We are not going into the details of the same, since the procedure prescribed under the examination scheme has been correctly followed by the 2[nd] respondent. 27. Perusal of the examination scheme makes it clear that it WA.1592/2021 -:34:- prescribes the syllabus of the test, pattern of the test, and mode of examination. Pattern of the test contained under Clause 3.2 of the Information Bulletin extracted above, and the important note thereto would make the situation more clear, and at the risk of repetition, the note is extracted hereunder: ## **“3.2 Pattern of the Test : xx xxxxxxxx** The important points to note: - I. Each question carries 04 (four) marks and, for each correct answer candidate will get 04 (four) marks. II. For each incorrect answer, 01 (one) mark will be deducted from the total score. III. To answer a question, the candidate has to find, for each question, the correct answer/best option. IV. However, after the process of the challenge of key, if more than one option is found to be correct then all/any one of the multiple correct/best options marked will be given four marks (+4). - Any incorrect option marked will be given minus one mark (-1). - Unanswered/Unattempted questions will be given no marks. In case, a question is dropped/ignored, all candidates will be given four marks (+4) irrespective of the fact whether the question has been attempted or not attempted by the candidate.” 28. Perusal of the above shows that Serial No. IV deals with the manner in which marks are to be awarded, after the process of WA.1592/2021 -:35:- challenge of key and it specifies that if more than one option is found to be correct then, all/any one of the multiple correct/best options marked will be given four marks. Therefore, it is clear that the students who are notified, with the best options, will be given the mark only on choosing the best option. 29. The case projected by the appellant/writ petitioner is that out of 4070 challenges made to the answer key, 443 were in relation to Question No.184, which itself makes it clear that Option No.1 coded by the NTA is the correct option, has got serious infirmities. The fact remains, Option No.4, i.e, (d), only states that kissing, whereas (b) & (c), which are coded as the correct answer, clearly specifies that transfusion of blood from infected person and infected mother to foetus. Therefore, it could be deduced that the question paper setters have drawn a clear distinction between infected person and noninfected person, so as to test the brilliance and knowledge of the candidates and looking from that angle, it could be seen that a mere kissing would not cause spread of venereal disease. It can only spread from an infected person, which is clearly reflected in the corrected WA.1592/2021 -:36:- answer code (b) & (c), i.e., transfusion of blood from infected person and infected mother to foetus. 30. Though Mr. P. Deepak, learned counsel for the appellant, has invited our attention to the decisions of the Hon’ble Supreme Court in **Kanpur University, through Vice-Chancellor and Ors. v. Samir Gupta and Ors.** reported in (1983) 4 SCC 309, **Abhijit Sen and Ors. v. State of U.P. and Ors.** reported in (1984) 2 SCC 319, a Division Bench judgment of this Court in **Madhumohan & Ors. v. State of Kerala & Ors.** reported in (2000) 2 KLT 669, **State of Kerala v. Fathima Seethi** reported in (2002) 3 KLT 871, **Manish Ujwal and Ors. v. Maharishi Dayanand Saraswati University and Ors.** reported in (2005) 13 SCC 744, **Ran Vijay Singh and Ors. v. State of U.P. and Ors.** reported in (2018) 2 SCC 357, and **Vikesh Kumar Gupta and Ors. v. The State of Rajasthan and Ors.** reported in (2021) 2 SCC 309, we are of the considered opinion that the Hon’ble Apex Court has rendered the said decisions except **Ran Vijay Singh** (cited supra), interfering with the answer keys provided by the paper setter on the basis of facts and circumstances involved in those cases, WA.1592/2021 -:37:- which has no bearing to the issues on hand. Here is a case where the National Testing Agency has properly guided the candidates, as to the manner in which options have to be made. 31. As held by the learned Single Judge, by conducting entrance examinations, in order to formulate the rank list, aptitude of the candidates is decided in many ways. It is also significant to note that thousands and thousands of candidates appeared in NEET (UG) - 2021 entrance examination and except 443, most of them have correctly answered Question No.184, as Option No.1, which is the best option coded by the National Testing Agency. 32. True that several textbooks would be dealing with the manner in which Sexually Transmitted Diseases are spread, but a candidate participating in an entrance examination, is guided by the Information Bulletin, published by the National Testing Agency, specifying the details with respect to the manner in which a candidate has to participate in the examination and answer the questions, and therefore, the stipulation contained in the Information Bulletin is the final rule for the conduct of the examination. WA.1592/2021 -:38:- 33. As we have pointed out above, appellant has raised a contention that the candidates are not properly guided in the matter of attending the examination. However, from the statement filed by the 2[nd] respondent - National Testing Agency, it is clear that the questions for NEET (UG)-2021 are framed by the specified subject experts. The questions are then finalised by the subject experts and answers keys are framed. It is also stated by NTA that after conduct of the examination, and before application of keys, the keys are once again verified by the subject experts, and thereafter, questions along with the respective answer keys (as provisional) and OMR/Answer Sheets of the candidates are uploaded/displayed on the website of NEET (UG) (www.ntaneet.nic.in). 34. In order to ensure complete transparency, NTA has evolved a scheme of inviting applications to the answer key and that, on display of the provisional answer keys and recorded response, as well as scanned images of OMR Answer Sheets of NEET (UG), an opportunity was granted to the candidates to challenge the said provisional answer keys. WA.1592/2021 -:39:- 35. It is also stated in the statement of NTA that the challenges/ objections received are again placed before the respective subject experts and they are examined exhaustively by the subject experts. If the subject experts, on examining the objections, find that any answer contained therein was not correct, then, on the advice of the subject experts, they will modify the Answer Key accordingly, and the key(s) thus finalised, is applied to all the responses of the candidates. 36. It is further stated that if the subject experts are of the view that the answer contained in the provisional answer key is the correct answer, no modification is made in the provisional answer key, and the same is declared as the final answer key. 37. The final answer keys are decided by the experts, after due consideration of the challenges by the respective subject experts and results are declared, on the basis of the said final answer keys recommended by the respective subject experts only. Thus, NTA relies on the decision of the subject experts, based on which, the final result is declared. It is pertinent to note that the final answer keys finalised by the subject experts, were placed before the Result Committee of WA.1592/2021 -:40:- NTA, comprising of the representatives of Ministry of Health and Family Welfare, Director General of Health Services, Medical Council of India, etc., in its meeting held on 20.10.2021 and that there has been no change in the answer keys. It was accordingly, the answer keys were treated as final and uploaded in the website on 01.11.2021 and the result was declared on the same day. 38. Yet another aspect pointed out in the statement filed by NTA is that the appellant omitted to produce relevant aspects dealing with the causes of syphilis published in the National Health Portal of Government of India, which clarifies that the bacteria can enter one’s body if he/she have close contact with an infected sore, normally during vaginal, anal or oral sex or by sharing sex toys, as evident from Annexure-R2(g) produced along with the statement. 39. Considering the abovesaid aspects, we are of the view that the answer keys are finalised, after undergoing due process of evaluation and review, by the subject experts, and that the candidates have to choose the best option. There is no illegality, arbitrariness or other legal infirmities in setting the answer keys by the 2[nd] respondent. WA.1592/2021 -:41:- 40. Mr. Nirmal S., learned standing counsel for the 2[nd] respondent, has also invited our attention to the decision in **Ran Vijay Singh and Ors. v. State of U.P. and Ors.** reported in (2018) 2 SCC 357, wherein the Hon’ble Apex Court had an occasion to consider the realm of interference of a writ court in the matter of revaluation of answer sheets and declaration of result. At paragraph 32 of the said decision, the Hon’ble Apex Court held that sympathy or compassion does not play any role in the matter of directing or not directing reevaluation of an answer sheet and if an error is committed by the examination authority, the complete body of candidates suffers. It was further held by the Hon’ble Apex Court that the entire examination process does not deserve to be derailed only because some candidates are disappointed or dissatisfied or perceive some injustice having been caused to them by an erroneous question or an erroneous answer and that all the candidates suffer equally, though some might suffer more but that cannot be helped since mathematical precision is not always possible. 41. In **U.P.P.S.C. and Ors. v. Rahul Singh and Ors.** reported in WA.1592/2021 -:42:- (2018) 7 SCC 254, relied on by the learned standing counsel for the 2[nd] respondent, the Hon’ble Apex Court held that since the answer keys were moderated by two expert committees and thereafter objections were invited and a 26 member committee was constituted to verify the objections, the Judges cannot taken on the role of experts in academic matters. Viewed in that background, unless the candidates demonstrate that the answer keys are patently wrong on the face of it, the courts cannot enter into the academic field, weigh the pros and cons of the arguments advanced by both sides and come to the conclusion as to which of the answers is better or more correct. 42. Decisions of the Hon'ble Supreme Court in **H.P. Public Service Commission v. Mukesh Thakur and Ors.** [(2010) 6 SCC 759], and **Rishal and Ors. v. Rajasthan Public Service Commission and Ors.** [(2018) 8 SCC 81], also substantiate his contentions. 43. We are of the clear opinion that the appellant has not made out any palpable jurisdictional error or other legal infirmities, in order to interfere with the judgment of the learned Single Judge in this intra court appeal. WA.1592/2021 -:43:- 44. Taking into account the well settled legal position, which could be culled out from the decisions of the Hon’ble Supreme Court, and other material aspects dealt with by us earlier, we find no error in the judgment of the learned Single Judge impugned in this appeal. In the result, the Writ Appeal is dismissed. **Sd/S.MANIKUMAR CHIEF JUSTICE** **Sd/SHAJI P.CHALY JUDGE** krj WA.1592/2021 -:44:- ## **APPENDIX** ## APPELLANT'S ANNEXURES: ANNEXURE- A1 CERTIFIED COPY OF THE JUDGMENT DATED 15.11.2021 IN WP(C) NO. 24158 OF 2021. ## RESPONDENTS' ANNEXURES: NIL //TRUE COPY/ P.A. TO C.J.