JUDGMENT
1. These writ petitions raise some common legal issues, which have been answered time and again by this Court and the Apex Court in various decisions to my mind what is required is to apply the said principles to the facts of these cases.
2. The substantial issue in these batch of writ petitions is the correctness of some of the key answers provided by the respondent-Convenor, EAMCET, 1999
3. In each of the writ petitions, the petitioners challenged the correctness of the answers to some of the questions. On an analysis of all the writ petitions, the learned Counsel appearing for the writ petitioners and the learned Counsel appearing for the Convenor, EAMCET, 1999 agreed that the total number of the disputed questions are ’20’ though all the 20 questions are not in dispute in each of the writ petitions.
4. The system for conducting a common entrance examination for the students seeking admission into various professional courses like Medicine and Engineering has been in vogue in the State of Andhra Pradesh for almost a period of two decades. Basing on the rank obtained at such entrance examination, the students are admitted into the various professional courses as stipulated under the provisions of the Andhra Pradesh Educational Institution (Regulation of Admission and Prohibition of Capitation Fee) Act, 1993 and the Rules made thereunder.
5. In a State where the population is touching the figure of ten crores and where the economic resources of the State are relatively limited, necessarily the competition for admission into professional Courses is very high. Pitched legal battles are fought year after year for the last 4 decades in this Court in the context of such admissions, though the legal issues involved in such battles were different from time to time.
6. The system of examination now is that a question paper consisting of 200 questions is given to the students along with four suggestions and the student is required to identify which one of the four suggested answer is the right answer to the question. The Convenor, EAMCET, 1999 who is responsible for conducting of the examination also obtains from the paper-setters what are known as key answer to each of the questions. In other words, the key answer is the answer believed by the paper-setter to be right answer to each of the questions.
7. In view of the certain earlier decisions of this Court, a practice has emerged that on the basis of the key answer-sheet obtained by the Convenor, EAMCET, 1999, but before the results are published, the key answers are given wide publicity in the newspapers calling for the objections, if any, for such key answers. A committee is constituted to consider the objections so received and in the process of the said consideration, the committee comes to a conclusion that some or any of the key answers obtained by the University are not the correct answers, the corresponding questions are discarded with reference to all the students appearing in the examination and the answer-sheets of the students are evaluated only with reference to the balance of the questions. The same procedure is followed this year also.
8. On 20th May, 1999, the key answers were published in the newspapers. While publishing the key answers, the Convenor, EAMCET, 1999 notified that one question i.e.. Question No.45 is deleted from out of 200 questions from the question paper for consideration. Pursuant to the said notification, some of the petitioners claim that they have raised objections with reference to some of the questions. Perhaps, such objections were also raised by some other students who are not before this Court. The fact remains on a consideration of the various objections, two more questions i.e., Question Nos.114and 191 were also deleted from consideration, as notified by the Convenor in the newspapers on 3-6-1999,
9. The contention of the petitioners in these writ petitions is that apart from the above-mentioned three questions, some more questions are to be deleted as the corresponding key answers are not the correct answers, The individual questions and the correctness of the key answers to each of the key-answer will be considered later in this judgment.
10. The scope of judicial remedy in such a situation fell for the consideration of the Apex Court in a case reported in Kanpur University v. Samir Gupta, , their Lordships summerised the issue before them in the following manner:
“…..If a paper-setter commits an errorwhile indicating the correct answer to a question set by him, can the students who answer that question correctly be failed for the reason that though their answer is correct, it does not accord with the answer supplied by the paper-setter to the University as the correct answer? …… ‘key answer’ ……. not enough care is taken by the teachers to set questions which are free from ambiguity and to supply key answers which are correct beyond reasonable controversy…….”
11. The factual situation obtaining in the Supreme Court is more or less similar to that of the students seeking admission into the Medical Colleges appeared for a common entrance examination. The standard prescribed for such examination is the standard of Intermediate examination and the pattern of examination was also similar i.e., the “multiple choice and objective type” test. In dealing with the issue, their Lordships of the Supreme Court held that:
“Students who have passed their Intermediate Board Examination are eligible to appear for the entrance Test for admission to the Medical Colleges in U.P. Certain books are prescribed for the Intermediate Board Examination and such knowledge of the subjects as the students have is derived from what is contained in those text-books. Those text-books support the case of the students fully. If this were a case of doubt, we would have unquestionably preferred the key answer. But if the matter is beyond the realm of doubt, it would be unfair to penalise the students for not giving an answer which accords with the key answer, that is to say, with an answer which is demonstrated to be wrong.”
“If the State Government wants to avoid a recurrence of such lapses, it should compile under its own auspices a textbook which should be prescribed for students desirous of appearing for the combined Pre-Medical Test…… If the State can, the argument will not be open to the students that the answer contained in the text-book which is prescribed for the test is not the correct answer. Secondly, a system should be devised by the State Government for moderating the key answers furnished by the paper-setters. Fourthly, 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. That kind of system of examination involves merely the tick-marking of the correct answer. It leaves no scope for reasoning or argument. The answer is ‘yes’ or ‘no’. That is why the questions have to be clear and unequivocal. Lastly, if the ……. in a key answer or any ambiguity in a question set in the examination, prompt and timely, decision must be taken by the University to declare that the suspect question will be excluded from the paper and no marks assigned to it.”
12. Subsequently, the same issue fell for consideration before the Division Bench of this Court in Convenor, EAMCET-92 v. A. Swapna, 1993 (Supp.-I) ALT 287. Their Lordships after considering the issue held (insofar as it is relevant for the purpose of these cases) as follows: (at para 21):
“…..
(2) if the key answer is demonstrably wrong and the student’s answer is correct, the candidate should be given mark (which can be called as category ‘A’)
(3) If the student’s answer is complete, while the key answer is incomplete though not wrong, the student gets mark (referred as category ‘B’)
(4) That in case the question is vague and ambiguous admitting of more than one answer, if the answer given by the student is also correct, the student should be given mark even though the student’s answer is not one of the suggested answers in the key (category ‘C’)
(5) As conceded by the Convenor in his counter-affidavit in the case of question yielding more than one correct answer, if the student gives any one of the answers suggested in the key, he will be entitled to the mark (category ‘D’)
(6) If the student’s answer is incorrect or incomplete, while the key answer is complete, the student cannot get mark and it need not be proved that the key answer is wrong (category ‘E’)
13. Another Division Bench of this Court in a case reported in Convenor, JNTU v. C. Swarnalatha, 1996 (4) ALD 426, while dealing with the similar problem, directed the State as follows: (para 21)
“Before concluding, we issue the following directions to the Government, the University and the Convenor so as
to eliminate the annual recurrence of similar happenings.
(i)the syllabus for EAMCET shall be prescribed basing on intermediate standard, giving the list of standard text-books on each subject and the same shall either be widely published in newspapers or communicated to every junior college at the commencement of academic year and/or whenever the syllabus is changed;
specific directions have to be issued by the Convenor to the question setters that the question set shall be only from the syllabus prescribed and no question set is capable of multiple answers;
(i)e key answers to the questions have to be compulsorily published widely simultaneously along with the publication of the results;
(i)without the publication of the key answers, the list of successful candidates shall not be undertaken without the simultaneous publication as directed.”
14. Keeping in view the law declared by the Supreme Court and this Court, the individual cases are to be examined. Before, I proceed to examine the individual questions, a few essential facts pertaining to these cases require a special mention. All the petitioners are admittedly students whose medium of instruction is English. Notwithstanding the observation made by the Supreme Court in Kanpur University v. Samir Gupta’s case (supra) that to avoid the recurrence of such lapses, the State should compile under its own auspices text-books which should be prescribed for the students desirous of appearing for the combined Pre-Medical examination such as the EAMCET and the further direction to the State of Andhra Pradesh in Convenor, JNTU v. C. Swarnalatha (supra) that the State shall prescribe the list of standard text-books is prescribed for those students who have taken ‘English Language’ as a Medium of instruction and only with reference to the students who have taken ‘Telugu Language’ as a Medium of Instruction, the text-books are prescribed by the State. This fact assumes some importance in view of the fact that with reference to some of the question in dispute, the key answers given by the Convenor, EAMCET is at variance with the some of the text-books published in English on the relevant subject which would be pointed out at the appropriate place.
15. As mentioned earlier, an analysis of all the writ petitions, it is agreed by all the Counsels appearing on either side that finally 21 questions fall for the consideration of this Court. Now, I shall deal with these questions one by one.
Question No.6: reads as follows:
“6. Inflorescence in Jatropha is a
1 mochasial scorpioid cyme
(2)polychasial cyme
(3)dischasial cyme
(4) solitary flower
The challenge to this question is that, according to the petitioner, this question is out of syllabus. According to the petitioner, this question was never taught for the ‘English Medium’ students; whereas the respondents in their counter-affidavit state that this question is to be found in the ‘Telugu’ text-book prescribed and published by the Telugu Academy. Similar is the challenge to Question Nos.9 and 11. The first two questions were challenged in Writ Petition No.14168 of 1999 and the 3rd question alone was challenged in Writ Petition No.15008 of 1999 (which was not listed before me). As already noticed that the petitioners assert that these questions are ‘out of syllabus’ and the respondents assert that these questions are ‘well within the syllabus’. In the circumstances, I am of the opinion, the Court is normally bound to accept the view of the respondent-authorities which are better-equipped to decide the matter and due weightage to their statement in their counter-affidavit, must be given, — coupled with the fact that the respondents categorically state that these questions could definitely be found in the prescribed ‘Telugu’ text-books for this purpose. Another fact which perhaps deserves attention in this context is that if really these questions are ‘out of syllabus’, a large number of students would have come-forward to challenge the same. The fact that only two petitioners choose to challenge these questions as being ‘out of syllabus’ questions though may not be decisive by itself in the context of the other circumstances indicated above compel me to reject the challenge with regard to these three questions. At any rate it is not demonstrated before me as to how it can be said that the above-mentioned questions are ‘out of syllabus’.
16. Similar is the challenge and answer by the respondents to Question No.19 objected to only Writ Petition No.14160 of 1990 for the reasons assigned above with reference to the Question Nos.6, 9 and 11, the challenge to this Question is also hereby rejected.
17. The next question is Question No.32 which reads as follows:
“32.Calytra in Funaria is formed from
(1) Archegonium
(2)Antheridium
(3) Capsule
(4) Zygote
18. The petitioners challenged that this question is incorrectly framed. According to the petitioners, the question ought to be ‘Calyptra’ in Funaria, the expression as given in the question paper ‘Calytra’ is not known to Botanical Science. The counter-affidavit is silent on this aspect; however, the learned Counsel for the respondent-Mr.C. Kodanda Ram submitted that this question was challenged only in one writ petition which came to be filed much later point of time than the time of the common counter-affidavit was prepared by the respondents and therefore this Question could not be adverted. According to the learned Counsel for the respondents that it was a simple typographical mistake. In support of his submission, Mr. C.Kodanda Ram demonstrated before the Court that in the Telugu version of the question, it was correctly spelt as ‘Calyptra’ and therefore the challenge is more technical than real.
19. No doubt, the word ‘Calytra’ may not carry any meaning in Botanical Science, but the expression ‘Calyptra’ was clear spelt in the ‘Telugu Language’ and it is not the case of the sole petitioner in Writ Petition No…… that the petitioner has no knowledge of Telugu. If really, they were to be such serious misapprehensions about the English version of the question, I would expect that a larger number of students have come forward to challenge the same and the said challenge appears to be only from a solitary student. I assume with some degree of confidence that many a student must have answered this question correctly notwithstanding the spelling mistake that occurred in the question. By permitting or by directing the said question to be deleted on the ground of such a spelling mistake, would certainly be unjust in the context of those students who have understood the question properly gave the correct answer and secured a mark on the basis of such an analysis. Therefore, the challenge to this question also is rejected.
20. Next question is : Question No.43 which reads as follows:
“Question No.43: The number of oxidations involving NADH in Krebs cycle is
(1)4
(2)3
(3)2
(4)5
According to the key answer, the- correct answer is Answer No.2 i.e., there are 3 oxidations involving in NADH in Krebs cycle. According to the petitioners, the correct answer is the first answer i.e., 4 oxidations. In support of their submission, the learned Counsel for the petitioners sought to place before the Court the various textbooks in English Language. Coming to the counter-affidavit, the respondents state that as the question did not indicate the starting point of the Krebs cycle, the number of oxidations could be either ‘3’ or ‘4’ and therefore, the students indicating either of the answers must be treated to have given the right answer. Here, perhaps the test laid down by the Division Bench of this Court in Convenor, EAMCET-1992 v. A. Swapna (supra) come into play. It cannot be said that the key answer is demonstrably wrong. Apparently, the answer depends upon the starting point of the cycle on which depends the number of oxidations. The additional counter affidavit filed by the respondents categorically states that in view of the uncertainty in the question all the students who have indicated either response No.1 and 2 as the correct answer were given the mark. Hence the challenge is refuted.
Question No.51 reads as follows:
“Question No.51: An example for a terrestrial Protozoan is
(1)Vorticella
(2) Giardia
(3) Didynium
(4) Plasmodium
21. The challenge to this question is that none of the answers indicated in the right answer. According to the petitioners, the right answer is ‘Didymium’ and whereas according to the key the third option is the right option which read as ‘Didynium’. The respondents in their counter-affidavit state that the confusion with respect to ‘Didymium’ and ‘Didynium’ can be ignored whereas the learned Counsel for the petitioners demonstrated before the Court; on the basis of certain text-books in English Language that organisms by both the names i.e., ‘Didymium’ and ‘Didynium’ , do exist and are known to the Zoological Sciences and there is an essential difference between the words ‘Didymium’ and ‘Didynium’, as the organism known as ‘Didymium’ exists on the surface of decaying leaves and ‘Didynium’ is an acquatic organism. The organism ‘Didymium’ is a terrestrial organism in contradistinction to ‘Didynium’ which is acquatic. In view of the fact that organisms by both the above-named names are known to Zoological Sciences. It would be difficult to accept the submission of the respondents that the confusion created by the spelling mistake should be ignored. I therefore hold that the Question No.51 should be deleted from the question paper altogether.
Question No. 58 which reads as follows:
“58.An animal which is diploblastic and radially symmetrical is
(1)Meandrina
(2) Pheritima
(3) Ascaris
(4) Spongilla
22. According to the petitioners, this question is vague as ‘Meandrina’ belongs to the class of Anthozoa of Phylum coeleutrata. According to the petitioners Anthozoans are biradially symmetrical; whereas the question speaks of radially symmetrical. The respondents in their counter-affidavit state that the response No.1 i.e., ‘Meandrina’ is the right answer. The learned Counsel for the petitioners relied on a text-book on ‘Zoology’ –published by ‘Vikram Series’. The text-book dealing with Anthozoa says that:
“4. Stomodaeum has ciliated grooves called siphanoglyphs which disturbed the radial symmetry and given biradial symmetry.”
and the said text-book among other examples give ‘Meandrina’ as one of such Anthozoa.
23. In my view, there is an essential difference between the radial symmetry and biradial symmetry. Therefore, this question No.58 must be treated as a vague or incorrect question and in view of the legal proposition mentioned earlier the question must be treated as a question for which none of the key-answers is correct answer and hence in my view this Question must be deleted.
Question No. 60: The number of myonemes in muscle tails of epitheliomuscular cells are:
(1)Two
(2) Four
(3) Eight
(4) Nine.
According to the key, the correct answer is answer No.1 i.e., the number of myonemes is muscle tails of epitheliomuscular cells are ‘2’, whereas according to the petitioners, as the question is framed in plural, having regard to the expression employed is ‘tails’.
The right answer is the second answer i.e., the number of myonemes is ‘4’. The respondents in their counter-affidavit state as follows:
“Question No.69: In each muscle tail there are two myonemes. Since the question is asked in plural sense i.e., tails the answer is four i.e., ‘2’ of the response booklet is correct.”
24. Thus, it can be seen that notwithstanding the fact that in the key published, the first answer shown to be first answer and the respondents themselves admit in the counter-affidavit that the correct answer is the 2nd response. However, the respondents in their additional counter-affidavit stated that though in the key published the 1st response is indicated to be the correct answer, after receiving objections and consideration by the expert committee response No.2 was treated as the correct answer and the learned Counsel for the respondents submitted that marks were awarded accordingly. However, in the circumstances there shall be a direction to re-check the papers of all the petitioners herein to make sure that in fact marks were awarded as stated.
Question No.84: The blood supply to the eyes of frog is through
(1) Lingual artery
(2) Internal carotid artery
(3) Palatine artery
(4) Occipito-Vertebral artery
According to the key, the right response is the 3rd response which is reads as ‘Palatine artery’, but the petitioners submit on the basis of some text-books, the right answer is the ‘Internal Carotid artery’. The learned Counsel for the petitioners brought to the notice of the Court the various textbooks viz., (1) General Biology by William T. Taylor (2) College Zoology by Robert
W. Hegner (3) A text book of Common Core Zoology by P.A. Kondala Rao and V. Srinivasa Sarma and (4) Chordate Zoology by P.S. Dhami. All these text-books deals with the arterial system of the frog among other things. According to the said books, the internal carotid artery gives rise to the palatinen artery, Ophthalmic artery and Cerebral artery. They uniformly state that the Ophthalmic artery is supply blood to the eye and the palatine artery to the roof of the mouth. However, the Telugu Academy text-book on Zoology which is the prescribed text-book for Intermediate students in Telugu states that the common carotid artery branches into palatine artery and internal carotid artery and according to the said book, the palatine artery carries blood to the roof of the mouth and the eyes the internal carotid artery carries blood to the brain. Yet another edition published by the Telugu Academy on Zoology for the Intermediate students states that the internal carotid artery carrys blood to the brain, the roof of the mouth and the eyes. The learned Counsel for the petitioners submitted that under any circumstances, the answer ‘Palatine artery’ cannot be the correct answer. The specific answer is ‘Opthalmic artery’. However, since that is not indicated to the one of the response to the question, the next correct answer could be the ‘Internal carotid artery’ of which Opthalmic artery and palatine artery are branches. Therefore, to deny the mark to the students who have indicated ‘Internal carotid artery’ as the correct answer and award marks to the students (of English Medium) who have indicated palatine artery as the correct answer basing on the Telugu text book published for the Intermediate students would be illegal. I see substantial force in the submission and in view of the principle laid down by the Division Bench of this Court earlier, the key insofar as the students whose medium of instruction is English must be held to be the demonstrably wrong and those students who have indicated ‘Internal carotid artery’ must also be awarded marks for this question.
Question No.97 reads as follows:-
Lymphoid leucosis’ in poultry is a
(1)viral disease (2) Bacterial disease
(2) Fungal disease (4) Helminth disease.
The challenge to this question is raised in WP No.14160 and 14168 of 1999 on the ground that the question is out of syllabus. The counter affidavit categorically states that the question is within the syllabus. Nothing is placed before me to reach the conclusion that the question is out of the syllabus. Hence, the challenge to this question is rejected.
Question No.98: read as follows:
Chicks of the first two weeks in the Brooder hover are usually susceptible to one of the following
(1) Marek’s disease (2) Fowl pox
(2) Ranikhet disease (4) Gumboro disease
25. The challenge to this question is raised in Writ Petition No.14168 of 199 and Writ Petition No.15237 of 1999 and Writ Petition No.16486 of 1999 which were not listed before me. The learned Counsel for the petitioners submitted that according to the English Medium text-books, the chicks at the very young age are likely to be afflicted by ‘Gumboro disease’ or ‘fowl pox’. But according to the key answer the second response is the correct answer which is ‘fowl pox’. The respondents in their counter-affidavit with reference to the question No.98 states as follows:
“Answer given in the key is correct i.e., response No.2. Refer Telugu Academy Text-Book Vol.II page No.342 in which the detailed description is given. Other disease given in multiple choices do not affect within the time period as mentioned in the question paper except fowl pox. Thus there is no ambiguity in the question.”
The question is very pointed as it seek an answer as to which of the disease is likely to afflict the chicks in the first two weeks. According to the respondents, it can only be ‘fowl pox’. The argument of the petitioners is that in view of what is stated in the English Text-books young chicks are likely to be afflicted by ‘fowl pox’ or ‘Gumboro disease’, that is a statement covering large span of time than two weeks. Therefore, the challenge to this question is rejected.
Question No.114 reads as follows:
“A thin uniform rod ‘AB’ of mass m and length L is hinged at one end A to the level floor. Initially it stands vertically and is allowed to fall freely to the floor in the vertical plane. The angular velocity of the rod, when its end ‘B’ strikes the floor is, (g is acceleration due to gravity)
(1)mg/L)
(MG/3L)1/2
(g/L)
(3g/L)1/2
Question No.114 is admittedly deleted by the respondents as they themselves found that the question is out of the syllabus and the deletion is uniform with reference to all the students who appeared to the examination. In my view it is not open to this Court to decide further whether the question is within the syllabus or out of the syllabus. In view of the decision by the respondents to delete the question from the question paper, the situation is as if that question never occurred in the question paper.
Question No.118 read as follows:
“The percentage change in the time period of a seconds pendulum when its amplitude is reduced by 50% is
(1)75%
25%
0%
50%
The challenge to this question is raised in Writ Petition No.14151 of 1999 (which is not listed before me) and Writ Petition No.14817 of 1999. However, the challenge is not seriously pressed and no material is brought to my notice as to what is the wrong to the key answer in this context. In the circumstances, the challenge to this question is rejected.
Question No.119 reads as follows:
“y.k.n. in represent respectively the young’s modulus, bulk modulus and rigidity modulus of a body. If rigidity modulus is twice the bulk modulus, then
(1) Y = 5/18 k
(2) Y = 5/9 n
(3) Y = 9/5 k
(4) Y = 18/5 k
The challenge to this question is raised in Writ Petition Nos.14151, 15008 of 1999 (which were not listed before me) and Writ Petition No.12663 of 1999. This challenge is not very seriously pressed and no specific material is brought to my notice as to how the question can be said to be the out of the syllabus. On the other hand, the counter-affidavit categorically states that the question is within the syllabus. Therefore, this challenge is rejected.
Question No.121 reads as follows:
“Two copper rods of same length, but of different diameters of cross-section are given same amount of heat. Assuming no heat losses.
(1) Thick-rod expands more
(2) Thin rod expands more
(3) Both rods expand equally
(4) Thick rods expand more for large quantities of heat and thin rods expand more for small quantities of heat.
According to the draft key, the second response is the correct answer. However, in the counter-affidavit it is stated that either the response Nos.2 and 3 could be considered to be the correct answers. Obviously, marks were awarded to the students who indicated either response Nos.2 or 3 as the correct answer. The learned Counsel for the petitioners seriously challenge the procedure as there cannot be such a situation i.e., having two correct answers for a question like this. The original record where the experts recorded their opinion is placed before me and according to them, the expansion is of two kinds i.e., ‘linear’ and ‘volumatric’ and in the context of the question, the linear expansion would be more in thinner rod, but the volumatric expansion will be the same in both the rods. Therefore, any answer should be treated as the correct answer. In view of the imprecision in the framing of the question, the respondents rightly took a view that the students given either of the answers should be awarded the marks. Therefore, the challenge to this question is rejected.
Question No. 154 reads as follows:
“Stainless steel vessels are made from steel containing
(1)Ni
(2)Mn
(3)W
(4)Cr
This question is raised in 4 writ petitions i.e., Writ Petition Nos.14151 of 1999, 15237 of 1999, 16486 of 1999 (which are not listed before me) and Writ Petition No.16267 of 1999. According to the key, the 4th response is the correct answer. Whereas according to the petitioners, both the 1st and 4th response are the correct answers. According to the counter-affidavit, without the presence of chromium in the alloy, steel cannot be called as stainless steel. Whereas, the learned Counsel for the petitioners relied on a text-book of Chemistry published by the National Council of Educational Research and Training, wherein it is stated that in alloys of steel, stainless steel contains 73% Ferrous; 18% chromium and 8% Nichel. There are other alloys of steel like Invar, Nickel Steel, permalloy with various percentage of Nickel alone. But as I observed earlier, these alloys are given a specific names and none of them be called Stainless Steel. Both Chromium and Nickel are the essential ingredients of the alloy stainless steel. The stand taken by the respondents that the presence of chromium only makes steel or stainless steel does not appear to be right, in view of my discussion earlier, the challenge to this question must be upheld. I am of the opinion that the students who had given Nickel as the correct answer must also be awarded the marks.
Question No. 185 reads as follows:
“Standard reduction potentials of Sn2+/Sn and Zn2+/Zn electrodes are – 0.14 V and -0.74 V respectively. What is the E of the following cell in volts?
Zn/Zn2+//Sn2VS
n (1)-0.6
(2) -0.88
(3) 0.88
(4) 0.6
The challenge to this question is that it is out of the syllabus. The respondents in their counter-affidavit categorically stated that the question is within the syllabus and no further material is placed before me by the learned Counsel for the petitioners to demonstrate that the question is out of the syllabus. In the circumstances, the challenge to this question is also rejected.
Question No.1 91reads as follows:
“From the following data, for the decomposition of N2 O5 at 30 c, find out the rate constant (in min’1)
Volume of O2 after 10 minutes of the reaction=90 ml Volume of O after completion of the reaction=100ml
(1) 2.303
(2) 0.2303
(3) 0.02303
(4) 23.03
This question is already deleted by the respondents based on the objections received and the experts opinion. The deletion is uniform with reference to all the students who appeared for the examination and therefore, there cannot be any challenge.
26. One Writ Petition No.16760 of 1999 challenging the key answers to some of the above-mentioned questions also raises a further challenge to Question No.28 which reads as follows:
“Butler extensively studied the following
disease:
(1) Red rot of sugarcane
(2) Smut disease of Sorghum
(3) Blast disease of rice
(4) Tikka disease of groundnut
According to the key, the 3rd response is the correct answer. Admittedly, students indicating the 3rd response as the correct answer were given the marks. Whereas the learned Counsel for the petitioners submitted that Butler made extensive study of both the “Red rot disease” of sugar cane as well as the “Blast disease” of rice and, therefore, the students indicating either of the responses i.e., ] or 3 should get the marks, in support of their submission, the learned Counsel for the petitioners brought to the notice of this Court a Text-book of Diseases of Crop plants in India by G. Rangaswami, Former Vice-Chancellor, Tamil Nadu Agricultural University, Coimbatore, which says that Butler and his associates in India investigated the disease in great detail during 1914-1918. This observation is made in the context of the Red rot disease. Apart from that, the learned Counsel for the petitioners also brought to the notice of this Court another text-book by V,P. Agnihotri dealing with the diseases of Sugar cane and Sugar Beet; Plant Pathology by R.S. Mehrotra and the Intermediate Botany by Vignan Series, all of which supports the submission of the petitioners. In the circumstances, I am of the opinion that the students indicating the response No. 1 as correct answer should also get marks for this question.
27. One submission made by the learned Counsel for the respondents deserves to be made a specific mention. That in examination, where almost half a lakh of people appearing every year, to upset decision, as to which is the correct answer with reference to a particular question, made by the experts in those branches on the basis of the challenge made by one or two students, while the majority of the students who appeared for the examination do not seek to challenge the same would be unjust in the context. The learned Counsel for the respondents submitted that assuming the challenge by that single or small number of students is correctly made, that would havea very profound impact of the system
effecting the entire body students, ‘which
appeared for the examination. Learned
Counsel submitted, that when the particular
Student approaching the Court did not raise
any objection when the draft key was
published, the Court should not permit such
petitioner to upset the whole system in the
last minute.
28. In view of the earlier Bench
judgment, of this Court in Convenor, JNTU
v.. C. Swarnalatha. (supra), it becomes a
legal obligation on the part of the State
asfar as the State of Andhra Pradesh is
concerned to publish the draft key and
receive objections for the key answers
published and in the light of the objections,
the: matter is required to be dealt with by a
committee of Experts and come to a
conclusion. It correspondingly creates a
legal right in favour of the students to
raise appropriate objections. The question
whether the student who had not availed
his right at that stage should be permitted
to approach this Court, is a matter which
calls for more deeper examination. But
I am not inclined to make that examination
in this case for the reason that the
necessary factual foundation is not available
on record in view of that fact that only a
common counter-affidavit is filed in all the
writ petitions by the respondents, thereby
not placing on record as to which of the
petitioners did not raise objections – either
in toto or with, reference to any particular
question.
29. In view of the foregoing discussions, I would like to summarise the conclusions reached by me.
(1) Challenge to the question Nos.6, 9,
11, 19, 32, 43, 97, 98, 114, 118, 119, 121, 185 and .191, in all 14 questions, is rejected.
(2) With reference to question Nos.51
and 58, I direct that these questions be
excluded from consideration for the
purpose of evaluating the papers.
(3) Coming to Question No.60, the respondents are directed to re-check the papers, of the petitioners herein and to see whether marks in, fact awarded to the , students who have indicated response 2 as correct answer, if in any ,case, any one of the students is not awarded marks, students must be awarded marks, and
(4) Coining to Question Nos. 28,84 and 154 students indicating both responses 1 and 3, 2 and 2, and 1 and, 4 respectively must be awarded marks
30. The respondents are directed, to re-valuate the papers of all the students in view of the law laid down earlier and assign ranking basing on outcome of such revaluation. Before parting with the case, I cannot, but, place my appreciation on record invaluable assistance rendered by the learned Counsels, Sri C. V. Mohan Reddy and Sri G. Vidya Sagar and the teamed Standing Counsel, Sri C. Kodanda Ram, appearing for the respondents.
31. The writ petitions are accordingly,
allowed as indicated, above, but,; in the
circumstances, there shall be no order as to
costs.