P. Chrisma Victoriya Minor v. The State Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.28544 of 2022 and W.M.P.No.27858 of 2022 P.Chrisma Victoriya Minor aged 17 years represented by her father and Natural Guardian, Philip Raj Ravi, S/o Susainathan No.81/779, Brick Field Road, Kandhal Pudhunagar, Udhagamandalam Tamil Nadu 643 001.
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Petitioner -Vs- ....
Respondents 1 The State of India Rep. by Principal Secretary to Government Home Department Government of India New Delhi 2 National Testing Agency Autonomous Organization department of Higher Education Government of India C-20 1A/8 Sector 62 IITK Outreach Center Noida 201309 3 National Medical Commission Pocket 14 Sector 8 Dwaraka Phase 1 New Delhi 110 077 4 Principal Secretary to Government Tamil Nadu Health and Family Welfare Department Government of Tamil Nadu Fort St.George Secretariat Chennai.
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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st, 2nd, 3rd and 4th respondent to consider the petitioner's minor daughter email representation dated 13.09.2022 and 21.09.2022 and to compare and clarify the OMR answer key released on 31.07.2022 and score card released on 07.09.2022 which was issued to the petitioner's minor daughter and pass orders on the same by considering the urgency of the NEET counseling within the time stipulated by this Hon'ble Court. For Petitioner : Mr.L.K.Charles Alexander For Respondents : Mr.B.Rabu Manohar Central Government Standing Counsel-for R1 Ms.Sunita Kumari, Standing Counsel - for R2 Ms.Shubharanjani Ananth Standing Counsel - for R3 Mr.U.M.Ravichandran Special Government Pleader - for R4
O R D E R
The petitioner had written the NEET-UG 2022 examination conducted by the respondents. After the score card was published by the respondent NTA, the petitioner on seeing the same through on-line, compared with the key answers subsequently released by the NTA, was in the apprehension that the petitioner should have obtained more than 180 marks, however only 65 marks since have been awarded to the petitioner, she wanted to compare the original OMR sheet along with the key answers and to publish the results once again. Therefore, for the said purpose, the present writ petition has been filed.
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2. Ms.Sunita Kumari, learned Standing Counsel appearing for the second respondent NTA has filed a typed set of documents, where a copy of the OMR sheet, copy of the calculation sheet as well as the score card of the petitioner have been produced.
3. Based on the answers given by the petitioner through OMR sheet, out of the 180 questions asked for, the petitioner had given correct answers for 49 questions and wrong answers for 131 questions. As per the examination pattern, each correct answer would carry 4 marks, therefore 49 x 4 = 196. However, since the petitioner had given wrong answers to 131 questions, for each wrong answer -1 (negative) marks will be deducted and so 131 marks have to be deducted. Hence, 196 - 131 = 65 marks, which has been given as the petitioner's score in her score card.
4. The learned counsel for the petitioner has expressed his satisfaction as to how 65 marks are awarded to the petitioner, after having gone through the calculation sheet.
5. Therefore, this Court feels that, no further orders are required to be passed in this writ petition except to record the aforesaid factual matrix. Had the petitioner stopped at answering the known questions ie., 49 questions and left the other questions unattended, the petitioner could have earned 196 marks. Fortunately or 3 / 6
unfortunately the petitioner since had attended 131 more questions by giving wrong answers, the marks earned by the petitioner upto 196 has been reduced to 65 marks because of one negative mark given to each wrong answer. Hereafter, it is advisable for the students who write the NEET examination to be more careful and to avoid the questions where they have doubtful answer and only if they are very certain about the answer they can attend those questions alone. This observation is made in the interest of the students who appear for NEET examination.
6. With the above observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.12.2022 Index : Yes/No Internet : Yes/No KST 4 / 6
To 1 The Principal Secretary to Government Home Department Government of India New Delhi 2 National Testing Agency Autonomous Organization department of Higher Education Government of India C-20 1A/8 Sector 62 IITK Outreach Center Noida 201309 3 National Medical Commission Pocket 14 Sector 8 Dwaraka Phase 1 New Delhi 110 077 4 Principal Secretary to Government Tamil Nadu Health and Family Welfare Department Government of Tamil Nadu Fort St.George Secretariat Chennai.
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R. SURESH KUMAR, J.
KST W.P.No. 28544 of 2022 01.12.2022 6 / 6