Writ Petition (L) No. 1681 of 2015. Case: Ruchashree Sangole and Ors. Vs Director, Medical Education & Research (DMER) and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition (L) No. 1681 of 2015 |
| Counsel | For Appellant: L.M. Acharya i/b Kunal Bhanage, Advocates and For Respondents: H.S. Venegaonkar, AGP |
| Judges | Anoop V. Mohta and V. L. Achliya, JJ. |
| Issue | Education Law |
| Judgement Date | June 12, 2015 |
| Court | High Court of Bombay (India) |
Judgment:
Anoop V. Mohta, J.
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Rule. Rule is made returnable forthwith. Heard finally by consent of parties.
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On 11/06/2015 after hearing the learned counsel appearing for the parties, we have passed the following order:
"Leave to amendment is granted to the petitioners. Amendment be carried out by tomorrow i.e. 12/06/2015.
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The petitioners herein have challenged the notification dt. 5th June, 2015 to the limited extent of decision taken by the competent authority, Director of Medical Education and Research, Mumbai, whereby the said authority has taken decision to modify / correct the key answer to question No. 178 (Version 11) from answer given in key as option "B" to be treated as corrected as key option "C" for the purpose of evaluation of answer-sheet of common entrance test for Health Science Degree Course (MH-CET 2015) conducted on 7th May, 2015. They have also notified the provisional result of said examination on the basis of decision taken and notified by order dt. 5th June, 2015, which includes the modification of answer given in the key to question No. 178 i.e. option "B" to be treated as option "C".
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The petitioners have filed the present petition with specific contention that the answer given in the key as option "C" in the original key answer published by the respondents is in fact correct answer. According to the petitioners, there was no reason or any basis for respondents to have modified the answer to question No. 178 as option "B" instead of option "C". It is the say of the petitioners that, the answer given by the petitioners and other students to said question who have appeared for the competitive examination is based upon a Book for subject "Biology" published by the State Government.
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Pursuant to urgency involved in the matter, today the matter is taken up for urgent hearing. In view of the controversy involved and contention raised by the learned Counsel for the petitioners that the petitioners were not given any opportunity of hearing before modifying the answer to question No. 178 by the respondents. We had directed he respondents to appear before the authority of the respondents and to produce their written submissions along with documents including representation dt. 8th June, 2015, which they have already filed with the respondents. Accordingly, the petitioners appeared before the competent authority and submitted their written submissions along with supporting material. After considering the material placed by the respondents, the authority concerned applied its mind and submitted a report signed by Dr. Sanjay Joshi. The said report reads as under:
Post Provisional Result representations regarding query about change in key as per the notification dated 05.06.2015
Subject experts opinion regarding query in the subject BIOLOGY, Question No. 178 in Version 11
"Question:
Plasma Cells are derived from:
Objection raised:
The answer to this question was changed from 'C' to 'B' in the modified key. However, 'C' should be correct answer."
Resolution:
The correct answer is 'B' as per the modified key.
Explanation for the answer is as under:-
(As per Biology Textbook Std. XII Maharashtra State Board of Secondary and High Secondary Education)
• B - lymphocytes upon maturation produce Plasma Cells and Memory B Cells.
• However, for this, the B lymphocytes must be stimulated/activated.
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