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Abhishek Joshi v/s State of Rajasthan & Another


Company & Directors' Information:- ABHISHEK CORPORATION LIMITED [Active] CIN = L51491PN1993PLC073706

Company & Directors' Information:- N JOSHI PRIVATE LIMITED [Active] CIN = U17120MH1981PTC023718

Company & Directors' Information:- JOSHI AND COMPANY PRIVATE LIMITED [Converted to LLP] CIN = U74210DL1996PTC083337

    Civil Writ Petition No. 3666 of 1998

    Decided On, 01 December 1998

    At, High Court of Rajasthan

    By, THE HONOURABLE MR. JUSTICE B.J. SHETHNA

    For the Appellant: P.K. Lohra, Advocate. For the Respondents: J.M. Bhandari, Advocate.



Judgment Text

B.J. Shethna, J.

1. The petitioner, who is a unsuccessful student to get through the Pre-Medical Test, 1998 has filed this writ petition praying that the Controller, Pre-Medical Test, 1998, M.B.M. Engineering College, Faculty of Engineering, Jai Narain Vyas University, Jodhpur-respondent No. 2 be directed to supply authenticated copies of the question booklet of (C) series bearing No. 14995 of Pre-Medical Test, 1998 to him forthwith. Alternative prayer is made that respondent No. 2 be directed to permit him or his authorised representative to inspect the question booklet supplied to him in the office of respondent No. 2.

2. In pursuance of the order dated 9-11-1998 passed by this Court, learned counsel Shri Bhandari appearing for the respondent No. 2 has produced the entire record of the case for the perusal of the Court which includes the question booklet also.

3. The aforesaid prayers have been made by the petitioner for the reasons that according to him there were certain questions which may have two probable answers. In that type of situation the examiner may give one answer correct and another as incorrect. Therefore, it was submitted (by the) learned counsel Shri Lohra for the petitioner that unless and until question booklets are made available to the petitioner he cannot tally his marks given to him as per his answer books. When asked, Mr. Lohra was unable to point out any rule which provides for supplying of question booklets to the students on being demanded by them. However, he submitted that transparency requires that a student should be provided with question booklet after the results are declared.

4. It may be stated that in Pre-Medical Test the candidates are provided with question booklets with three copies of answer books, and one is allowed to be kept with the students and two are kept with the authorities. After examination of the answer books results are declared in the newspapers itself and from that the candidates can tally their marks, but no candidate is allowed to take question booklet with him after the examination is over.

5. The mark-sheet Annex. P/4 shows that writ petitioner secured 915 marks out of 1200 total marks, therefore, he was denied admission as the same were less than the prescribed total. On receiving the mark-sheet the petitioner immediately applied for re-valuation of marks which was replied to him by the Controller-respondent No. 2 on 31-8-98 (Annex. P/5). It has been stated in it that there is no change in the marks awarded to the petitioner. The petitioner also made an application to the Controller on 26-8-1998 (Annex. P/6) for supplying the question papers of Pre-Medical Test, 1998 and also gave a notice for demand of justice through his counsel on 21-9-1998 (Annex. P/7). The same have remained unreplied.

6. It was vehemently submitted by learned counsel Shri Bhandari that in absence of any rules the petitioner cannot be supplied the question booklets as prayed by him. According to him, if this Court orders the respondent No. 2 to either allow inspection of these question booklets or to provided question booklets for the purpose of tallying the marks given to him as per the answer books then it would open a ponderous box. In this type situation where thousands of candidates appear in Pre-Medical Test it is not possible to supply such question booklets to anyone. The submission made by learned counsel Shri Bhandari appears to be sound one. The candidates appearing in Pre-Medical Test are given question booklets along with the answer books and they are allowed to keep one copy of answer book with them, but they have to return the question booklet on completion of examination. That procedure seems to be sound. If any candidate has any apprehension about giving incorrect marks for his answer then from the answer book which he is having can always try to find out what was the question and he may accordingly tally the same. It appears that on receiving the mark-sheet the petitioner first applied for revaluation of marks obtained by him, but when it has been informed that there is no change in the marks, thereafter only the petitioner came with the prayer for supplying of question booklets of Pre-Medical Test, 1998 and later on gave notice for demand of justice.

7. Under the circumstances, in absence of clear rules or provisions, the prayer made by the petitioner in this writ petition to supply authenticated copy of question booklets of Pre-Medical Test, 1998 or permitting him to have the inspection of question booklets cannot be granted. If it is permitted in one case then it will lead to such a situation where all those thousands of students, who are appearing every year in Pre-Medical Test, 1998 will apply for such questio

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n booklets when they get less marks or did not get admission. There is no right much less fundamental right of the petitioner is violated by the respondents in not granting the request to supply question booklets of Pre-Medical Test, 1998. I am of the opinion that the Court should be slow in such educational field. It can only interfere when mala fides are alleged or the decision of the authority smacks of arbitrariness, otherwise not. 8. In view of the above discussion, this petition fails and is hereby dismissed.
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