SC issues notice on plea seeking inspection of answer sheets, reevaluation of AIIMS PG online entrance exam
New Delhi: Agreeing to consider a plea to determine whether a candidate of All India Institute of Medical Sciences (AIIMS) online postgraduate entrance examination would be entitled to inspection of answer sheets, the Supreme Court on Monday issued notice to concerned parties.
Besides, the Apex Court bench comprising of Justices DY Chandrachud and BV Nagarathna also stayed the judgment by the Madras High Court dated August 27, 2021, which has been challenged before the top Court by the Controller Of Examinations Examination Section, AIIMS.
"Pending further orders, there shall be a stay of the operation of the impugned order of the Single Judge dated 27 August 2021 and a stay of further proceedings in Writ Petition No 16670 of 2021 and WMP No 17655 of 2021," read the order.
The issue of the case pertains to whether a candidate who has appeared at the online entrance examination for admission to the postgraduate course conducted by the All India Institute of Medical Sciences which is an institution of national importance would be entitled to inspection of the answer sheets and to revaluation when such a provision does not exist in the applicable regulations.
As per the latest media report by Live Law, while considering the plea, the Madras High Court bench comprising of Justice N Anand Venkatesh on August 27 had directed the Controller of Examination, AIIMS for submitting a detailed affidavit and explain the process along with the stand of the authorities regarding the inspection of answer sheets.
Besides, the affidavit in question also had to state the effect of the court for the inspection of answer sheets and the way it could impact the Controller of Examination's confidentiality.
At this outset, the High Court bench had observed, "These questions are posed only to understand the scope of jurisdiction to be exercised by this Court under Article 226 of the Constitution of India in a changed scenario where everything is done through virtual mode. Under such a changed scenario, if any candidate is not satisfied with the marks awarded to him/her, what will be the remedy that will be left to the candidate."
When the High Court order was challenged before the Supreme Court, Mr. Dushyant Parashar, counsel appearing on behalf of Controller of Examination, AIIMS submitted that in the Madras High Court proceedings, the attention of the Single Judge had been specifically drawn to the pendency of proceedings before the top court which had stayed the order of the Central Information Commission dated 20 July 2015.
In this order, the Commission had allowed a 2013 aspirant for accessing the papers and answer keys of the 2013 entrance exam, adds the daily.
Taking note of the submission by the counsel, the top court apart from issuing notice in the petition, also directed to tag the Special Leave Petition concerning the 2013 candidate.
To read the Apex Court order, click on the link below.