New Delhi: The Supreme Court of India has upheld the J&K High Court judgment, dismissing petition seeking to recast selection list of MBBS by J&K Board of Professional Entrance Examination for year 2013-14.
“The special leave petition is dismissed,” said a bench of apex court comprising Justices Madan B. Lokur and Uday Umesh Lalit.
The SLP was filed by one Sourav Goel, challenging the dismissal of his petition by J&K high Court to recast the merit list and his selection to the MBBS.
Soon after BOPEE sought objections to the selection list, Goel had submitted representation, claiming that there were 18 questions which were not carrying the correct answers or contained more than one correct option.
Goel was selected for BDS Course as per his merit but had claimed to be entitled to at least to more than 21.6 marks which can make his grade up to 186.6 marks, the cut off limit for Government Medical College Jammu or Srinagar as well as SKIMS. He had urged the BOPEE to revise the provisional select list.
On the other hand, BOPEE had stated representation by Goel as well as other interested candidates was considered by two subject Experts besides the paper-setter.
“The grievances of (Goel) projected through the representation were looked into and sorted out by extending him benefit in respect of question six questions,” the BOPEE had said, underling that grievance regarding other questions represented by him was found to be incorrect by subject Experts. After hearing both the sides, the court had dismissed Goel petition.
Last year, a division bench of the J&K High Court, in a separate but an identical case (Qazi Basra), had allowed BOPEE’s plea against order by single bench of the court.
The single bench had directed University of Kashmir to appoint Experts body of minimum three members each in Biology and Chemistry departments to re-evaluate the answer scripts of Basra with further direction to examine whether any of the questions in the papers were defective or erroneous.
“A question of fundamental importance which arises for consideration of the Court is to whether the BOPEE can be, in all circumstances, asked to refer the issues raised in respect of answer keys to the experts any time and every time a candidate projects grievance. The answer has to be no,” the division bench had ruled.
“A candidate, who takes a competitive examination/test, will never be satisfied with the result of such examination/test, in case he/she does not get berth of his/her choice in a particular professional course/discipline/stream or in a college. If such tendency will be encouraged by directing for revaluation of questions and answer keys at regular intervals, then selection process will never come to a logical end,” the division bench had said, underlining that selection process has to be concluded within reasonable time and in a fair manner.