HC junks plea challenging NEET 2022 answer key, says Court not an expert on Medical science

New Delhi: In a recent judgment, the Delhi High Court dismissed the challenge raised by a student against the answer key of National Eligibility-cum-Entrance Test (NEET) Undergraduate Examination, 2022 published by the National Testing Agency (NTA).

The HC bench dismissed the plea as it noted that the objections raised against the answer key are duly considered by the experts and the final answer key is published only after that.

Therefore, the HC bench comprising of Justice Amit Mahajan noted, "Moreover, this Court is not an expert in the field of medical science to sit over the decision taken by the experts and substitute it with its own wisdom."

The High Court's observations came while considering the plea by a student who challenged the final answer key dated 08.09.2022 issued by the National Testing Agency. It was contended by the petitioner student that the final answer key in respect of question Nos. 63, 127, 133 and 164 is incorrect and the answers given by petitioner are the correct answers.

Therefore, contending that the evaluation conducted by NTA is flawed, the petitioner student stressed upon the need for re-evaluation and demanded that the petitioner is being given marks for the same.

The petitioner achieved 10497 general category rank in the merit list and 25628 in NEET All India rank and claimed that if the marks are correctly awarded as per the correct answers she would achieve a much higher rank.

Further, she submitted that her answers were based on the approved syllabus from the NCERT Book, which was also pointed out by the petitioner to the authorities by way of a challenge under Rule 14.2.2 after the provisional answer keys were declared. The counsel for the petitioner also stated that the petitioner student on 01.09.2022 had specifically given a representation to the NTA. However, when the final result was declared on 07.09.2022, it revealed that there was no revision to the answer keys. 

The counsel for the petitioner pointed out that the petitioner had scored 590 marks out of 700 marks and if the marks were awarded correctly, as claimed, the petitioner would have scored 610 marks because 4 marks which are given for every correct answer would be given for every correct answer would have been added and 1 mark which is wrongly deducted for each of these four answers considering them to be wrong would also have been added back.

While considering the scope of judicial review in the matter challenging the evaluation of test papers, the HC bench referred to Supreme Court order in the case of Kanpur University v. Samir Gupta. In that case, the top court had held that the answer key should be assumed to be correct unless it is proved to be wrong by inferential process of reasoning or by a process of rationalisation. Similar views were expressed by the Delhi HC Division bench in the case of Salil Maheshwari v. The High Court of Delhi and Sumit Kumar v. High Court. In these judgments the court had opined that  unless it is found that there can be no possibility of doubt that the answer given is incorrect, the Court would refrain from interfering with the examination.

Placing reliance on these judgments, the HC bench noted that the one of the answers that have been challenged by the petitioner differed from the answer key in respect of the statements regarding vascular bundles. While the petitioner claimed that "In roots, xylem and phloem in vascular bundle are arranged in an alternate manner along the different radii", as per the answer key by NTA, "Conjoint closed vascular bundles do not possess cambium."

In respect to the answers, the counsel for the petitioner referred to chapters and extracts from NCERT to reason that the answer given by the petitioner is more appropriate answers. At this outset, the petitioner's counsel also relied upon the Information Bulletin issued for NEET UG 2022 which specifically mentioned that for NEET UG 2022, the National Medical Commission of India also recommended the syllabus prepared by NCERT.

The petitioner's counsel relied upon the Delhi HC judgement in the case of Sumit Kumar v. High Court (supra) and the judgment passed by the Hon'ble Apex Court in the case of Rajesh Kumar & Ors. vs. State of Bihar & Ors. Referring to these, the counsel argued that if the answer sheets are evaluated on the basis of erroneous answer key, the benefit has to be given to the candidate.

In its defense, the National Testing Agency (NTA) contended that the objections given by the petitioner had been duly considered by the experts in the field and the final answer key was thereafter taken out. The NTA counsel submitted that the wisdom of the experts in the field cannot be challenged in the manner as sought to be done in the present petition.

It was further submitted by NTA that the questions, even though are multiple choice objective-type, still required application of mind and their answers cannot be in a straitjacket formula as claimed by the petitioner. The NTA counsel submitted that the reference to the NCERT textbook is a matter of interpretation and it is to be left to the wisdom of the experts. He also submitted that seeking a reappraisal of the decision of the experts on merits is not permissible in terms of law laid down by the Supreme Court and the Delhi High Court.

After duly considering the contentions raised by both the sides, the HC bench noted that "various objections raised are duly considered by these experts and final answers are published and there is no material before this Court to doubt the decision taken by such experts."

"Moreover, this Court is not an expert in the field of medical science to sit over the decision taken by the experts and substitute it with its own wisdom...the scope of judicial review in such cases is limited," further noted the bench.

Further noting that the candidates are asked tricky questions, the court observed that in relation to question Nos. 63, 133 and 164, it is mentioned that the candidate has to choose the most appropriate answer. "Meaning thereby, that one or two answers can look correct but the candidate has to choose the answer which experts feel to be the most appropriate one. This itself leads to a situation where the correctness of the answer becomes a matter of debate and does not fall in the category of cases where it leaves no room for doubt that the answer given by the student is the correct answer," read the order.

At this outset, the HC bench referred to the Supreme Court order in the case of Kanpur University v. Samir Gupta where the Supreme Court had clarified that the Court has to assume the answer given in the key to be correct unless it is proved to be wrong and it should not be held to be wrong by inferential process of reasoning or by a process of rationalisation.

Now referring to the petition, the bench noted,

"In so far as question No. 127 is concerned, the candidate has been asked to choose the correct answer from the options given as noted above. From the point of view of a person not an expert in medical field, both statement (a) and statement (b) may seem to be correct statements. However, this Court is not sitting in appeal over the views taken by experts who have set the question paper and have decided on the correct answer. This Court, being not an expert in the field, cannot supplant its opinion being not in a position to interpret the medical literature and would be over-stepping its jurisdiction by holding the view given by the experts to be an incorrect view."

"The answers given in the key cannot be patently called to be wrong on the face of it. The moment, the Court has to conduct the exercise wherein the arguments have to be heard on whether answer key is correct or incorrect, and has to consider the arguments advanced by both the parties to reach a conclusion that itself would mean that answer selected by experts is not demonstrably wrong and would amount to interference which has been frowned upon by the Courts in such cases," it added.

Taking note of the NCERT Textbooks, the court observed,

"It is obvious from the perusal of the extract of the NCERT textbook relied upon by the petitioner that the answers are debatable and therefore, it is beyond the scope of judicial review."

Further referring to HC order in the case of Kishore Kumar vs. High Court of Delhi and the National Board of Examination vs. Association of MD Physicians, the bench noted

"This Court does not find that the answers provided in the answer key for the question Nos. 63, 127, 133 and 164 are such demonstrably wrong and incorrect to fall within the parameters set by the Hon'ble Apex Court warranting judicial interference."

"The law as settled by the Hon'ble Apex Court, as well as this Hon'ble Court, does not permit this Court to doubt the wisdom of the experts. This Court does not feel the issues raised to be within the scope of judicial review. In view of the above, this Court finds no merit in the writ petition. The same, along with all the pending applications, is hereby dismissed," read the order.

To read the order, click on the link below.

https://medicaldialogues.in/pdf_upload/delhi-hc-nta-187127.pdf

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