Minor V.Vishal vs The Government Of Tamil Nadu on 2 August, 2012

Madras High Court

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 02/08/2012

Coram

THE HONOURABLE MR.JUSTICE B.RAJENDRAN

W.P.(MD)No.8916 of 2012

and

M.P.(MD) No.1 of 2012

Minor V.Vishal

Represented by his mother and natural guardian V.Sharmila,

W/o. C.Vijaya Regu,

No.1-33, A/2, Colachel Road,

Poosasthanvilai, Thingal Nagar,

Neyyoor Post - 629 802,

Kanyakumari District. ... Petitioner

vs.

1.The Government of Tamil Nadu,

Represented by its Principal Secretary,

Department of School Education,

Fort St. George,

Chennai - 600 009.

2.The Secretary,

State Board of Higher Secondary School Education, Chennai.

3.The Director of School Education,

College Road, Nungambakkam,

Chennai.

4.The Director of Government Examination,

D.P.I. Campus, College Road,

Chennai - 600 006.

5.The Director,

Directorate of Medical Education,

Chennai. ... Respondents

PRAYER

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 herein to award one mark to the petitioner for Question No.6 of Part II Biology Examination and consequently direct the fifth respondent to revise the petitioner's rank for admission to the M.B.B.S. course and admit him in the appropriate college as per the revised rank.

!For Petitioner ... Mr.R.Subramanian

^For Respondents ...

:ORDER

***********

This writ petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to award one mark to the petitioner for Question No.6 of Part II Biology Examination and consequently direct the fifth respondent to revise the petitioner's rank for admission to the M.B.B.S. course and admit him in the appropriate college as per the revised rank.

2. The petitioner has appeared for Higher Secondary Examination held in March, 2012 and he has secured 1154 marks out of 1,200 marks. As he was awarded 199 marks out of 200 marks in Biology, he applied for answer paper and on verifying the same, he found that the answer given by him for question No.6 was found wrong. According to him, the question and the key answer is given as follows:

Feeding jaggery along with lime water is one of the first aid measure for a) Diarrhea b) Constipation

c) Milk fever d) Anthrax

The answer given by the petitioners is b) Constipation The answer as per key is c) Milk fever

3. According to the petitioner, his answer given to the question as Constipation is correct because as per the Zoology text book page 170, precaution and first aid for milk fever and constipation is given as follows: Milk fever:

Precaution and First aid: Feeding jaggery along with lime water, few days prior to calving and giving soft nutritious and easily digestible food for few days after calving prevent milk fever.

Constipation:

Precaution and first aid: The affected animals can be given wheat bran meal or rice gruel and succulent fodder. Plenty of drinking water with jaggery or salt evacuating the rectum by giving warm soap water enema and massing the abdomen are the other measures of treatment.

4. Therefore, according to him, feeding jaggery along with lime water is a preventive measure and not a first aid for milk fever. Therefore, the question itself is wrong. Whereas, giving plenty of water drinking water and jaggery is first aid (measure of treatment) for constipation. Since there is a vast difference in the meaning between the words first aid and prevention, the petitioner has thought that the answer for the question is constipation as the question is related to first aid and not a prevention. Therefore, if the answer is treated as correct answer, he could have got one more mark and if that 1 mark is given, he will be eligible to get medical seat even Government quota seat. Therefore, he made a representation on 21.06.2012 to the respondents to award one mark to the above question and he has also submitted an expert opinion. Since the representation has not been considered, he has come forward with this writ petition.

5. In reply to the petitioner, the respondents have filed a detailed counter stating that the question itself is taken from the Zoology text book page No.170. It is under the heading Non-Contagious Diseases and it comes under the subtitle Precaution and First Aid for Milk Fever. They would mainly contend that the feeding jaggery along with lime water in the context of the text book is used in common for Precaution and First Aid for Milk Fever which is given in page 170 and this statement is not repeated anywhere under any subtitle. They would further contend that the petitioner conveniently not brought to the notice of this Court that feeding jaggery along with lime water (emphasis supplied) is related only with Milk Fever and not with Constipation. Whereas, the statement plenty of drinking water with jaggery or salt is related to constipation. Therefore, the key word "lime" water relates only with Milk Fever not at all relates to constipation. Therefore, the writ petition has been filed for mandamus without mentioning "lime water" when it is available in the statement of the question itself.

6. Insofar as to constipation is concerned, giving plenty of drinking water with jaggery is used for constipation whereas in the question, feeding jaggery along with lime water is used for Milk fever. In this connection, they have also explained that the confirmation of the key to the question is done after various stages of the examination.

7. Heard both sides. By consent, the main writ petition itself is taken up for final disposal.

8. The only contention made by the petitioner is that the question reads as "First aid" and not as "preventive measure". Therefore, the question itself is wrong mainly because feeding jaggery along with lime water is a preventive measure and not a first aid for milk fever. According to him, giving plenty of drinking water with jaggery is a first aid for constipation. Therefore, the petitioner has come to the conclusion that the answer is constipation as the word used in the question is "first aid". As per the text book, plenty of drinking water with jaggery or salt is given for constipation and not for milk fever. Therefore the answer given by him is correct. But, when we analyse the textbook, as it is in Page 170, under the heading Non- Contagious Diseases under the subtitle Precaution and First Aid for Milk Fever and in respect of Constipation it is given as under: Milk fever:

Precaution and First aid: Feeding jaggery along with lime water, few days prior to calving and giving soft nutritious and easily digestible food for few days after calving prevent milk fever.

Constipation:

9. On a cursory perusal of the explanation, it clearly indicates that for milk fever both for precaution and first aid, feeding jaggery along with lime water is a accepted measure of treatment. When we read the question, "Feeding jaggery along with lime water is one of the first aid measure for," the word used is "lime water". In the textbook also, the word used is "lime water". But, the petitioner, now, conveniently omitted the the word "lime water" and relying on the word "drinking water" viz., plenty of drinking water with jaggery or salt, is a treatment for constipation. Therefore, there is a subtle difference between the two words "lime water" and "drinking water". Therefore, the question is very clear that feeding jaggery along with lime water, is the first aid for milk fever. The petitioner cannot think and juggle words to claim the question is wrong. In this connection, the respondents also have submitted that feeding jaggery along with lime water, is a first aid measure for milk fever as per the textbook. Therefore, the question is in consonance with the textbook. They have also explained that the confirmation of the key to the question is done after various stages of the examination. The stages are stated as follows:

(i) The experts committee constituted by the Directorate of Government Examinations, first looks into the complaints related to the question paper, Teachers, Students and the Public in general. After a careful scrutiny of all complaints / grievances, the key will be prepared with the authenticity of the text book and the experts opinion.

(ii) Based on the key prepared as above the Chief Examiners, all over the State, evaluate the answer scripts on the 1st day of evaluation. If any discrepancies is found in the prepared key at this stage, then again the question and the key undergo scrutiny.

(iii) From the second day onwards of the evaluation, the Assistant Examiners evaluate the answer scripts and the report for errors if any, in the questions as well as keys. In this stage too appropriate action will be taken on the reported complaint.

(iv) During these period of evaluation, the experts committee also looks into various complaints if any, or reported by the media, news papers and the public.

From the above, it is very clear that the authorities have taken extreme steps to safeguard the interest of the students at every stage, even during the correction, verifying the key answers from the methodology, which has been explained in the counter affidavit. Further it is also made clear that the answer is confirmed both by the content of the text book and the opinion given by the experts in the field on various stages of the examination. Therefore, this Court does not find any reason to state that there is a wrong in the question or in the key answer.

In the result, the writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.

srm

1.The Government of Tamil Nadu,

Represented by its Principal Secretary,

Department of School Education,

Fort St. George,

Chennai - 600 009.

2.The Secretary,

State Board of Higher Secondary School Education, Chennai.

3.The Director of School Education,

College Road, Nungambakkam,

Chennai.

4.The Director of Government Examination,

D.P.I. Campus, College Road,

Chennai - 600 006.

5.The Director,

Directorate of Medical Education,