Case BriefsHigh Courts

Calcutta High Court: The Bench of Arindam Sinha, J. disposed of a petition by awarding 20 compensatory marks to the petitioner for NEET-UG, 2018 in lieu of wrong translation of questions in the test paper.

Petitioner in the present case is a candidate who had taken the National Eligibility cum Entrance Test, Under Graduate 2018 (NEET-UG, 2018). The present petition was filed for seeking compensatory marks by reason of errors in the translation of questions in the test paper that he took in Bengali.

Mr Subir Sanyal, Advocate appearing on behalf of the petitioner placed reliance on the decision of the Supreme Court in Disha Panchal v. Union of India, 2018 SCC OnLine SC 603, he submitted that “Supreme Court had applied a formula by which 9.90 compensatory marks were added by reason of computers in the online test being dysfunctional and consequences thereby”. Further, he stated that through an interim order he had kept one seat vacant in a government college for his client and therefore he seeks compensatory marks in respect of allocation of the seat vacant.

Mr U.S. Menon, learned advocate on behalf of CBSE had submitted that, a similar point of challenge was simultaneously under consideration before the Supreme Court and hence hearing of this petition stood adjourned. Further, he relied on CBSE v. T.K. Rangarajan, 2018 SCC OnLine SC 2526; and stated that “Apex Court did not uphold the impugned judgment of Madras High Court, by which compensatory marks were awarded on all questions erroneously translated to Tamil, to students who took the test in that language. Hence Supreme Court said no to award of compensatory marks”.

Thus, the High Court ascertained the facts, that the test paper contained 180 questions. Time given for attempting answers to the questions was 180 minutes, petitioner had attempted 179. Aggregate of questions attempted by petitioner is 148, also seven questions contained errors of translation as urged the petitioner but Court found 5.

Therefore, Court inferred that because of errors in translation petitioner should be awarded marks for those questions in 5 questions that he attempted and got wrong. As it appears that petitioner had read all the questions and answered those that he could. “He gave wrong answers to erroneously translated questions. Denying him marks on contention he ought to have compared with the questions set in English would be unjust.” Further, petitioner was directed to be awarded 20 marks in addition to his tally of marks and State directed to ascertain petitioner’s rank on his increased marks tally. [Washim Akram Hossain v. Union of India, 2018 SCC OnLine Cal 9060, dated 20-12-2018]

Case BriefsSupreme Court

Supreme Court: The Vacation Bench of UU Lalit and Deepak Gupta JJ. has passed an order directing National University of Advanced Legal Studies (NUALS) to award compensatory marks to candidates who lost time during this year’s Common Law Admission Test (CLAT) due to technical glitches by applying the formula suggested by V. Giri, learned Senior Advocate for Respondents 2&3, NUALS and core committee CLAT 2018 respectively, and include the qualified students in the second round of counselling. Compensatory marks would be awarded after taking note of data of total correct and incorrect answers given by the candidate during the online test.

However, the Court made clear that any seat allocation made pursuant to the first round of counselling shall not be affected by the revision of results. The Court said that a candidate who improves upon his score after the publication of revised results and thereby becomes eligible for admission to another NLU will not lose the fee deposited with the earlier NLU. This revision has to be undertaken by June 15 and the revised results have to be published on CLAT website by June 16.

Earlier, on June 6, the court had refused to stay the counselling process and had said that any steps in the matter would be subject to further orders of the apex court. The apex court had on June 11  refused to order a “re-test” of the Common Law Admission Test (CLAT) 2018 or stop the counselling process. [Disha Panchal v. Union of India,  2018 SCC OnLine SC 603, order dated 13-06-2018]