JUDGMENT Virendra Kumar, J. - This bunch of writ petitions has been filed by some of the candidates who appeared in the Combined Pre-Medical Test of 1988 (hereinafter referred to as the C.P.M.T.) but they failed to get admission in any of the medical courses, for which the test was held. C.P.M.T. examination was held for admission of students in the medical courses available in the State Medical Colleges as well as a Dental College, Ayurvedic, Unani and Homoeopathic Colleges in the State. Admission to the different courses available in these institutions is made in order of merit on the basis of the marks secured by the candidates in the C.P.M.T. The C.P.M.T. for the year 1988 was conducted by Lucknow University. The petitioners who have filed these writ petitions singly or jointly, have challenged their result declared in the C.P.M.T. on various grounds. 2. There were 4 subjects in which the test was held, namely, Physics, Chemistry, Botany and Zoology and Hindi in addition to them. Each Science paper carried 300 marks.It is an objective type of test in which for each question alternatives or options are given in the paper and a candidate is supposed to tick the option which, according to him, is the correct answer to the question. There is a key answer give by the Paper Setter and in case the option preferred by the candidate tallies with the key answer, the candidate becomes entitled to 3 marks. If the answer preferred by the candidate does not tally with the key answer, i.e., it is incorrect besides the fact he does not obtain 3 marks, he also loses 1 mark by way of negative marking. The contention of the petitioners is that with regard to certain question, all the 4 alternatives or options given in the question paper were incorrect and in respect of certain other questions the key answers were not the only correct answers and on the other hand more than one option or alternative could be said to be correct. It is submitted that certain questions (as they are) are wrong. The petitioners who have made such challenge, claimed credit of marks for such questions. According to them if marks for which they are entitled are added to their total, they would be entitled for admissions as their total would exceed the total of the last selected candidate. 3.
It is submitted that certain questions (as they are) are wrong. The petitioners who have made such challenge, claimed credit of marks for such questions. According to them if marks for which they are entitled are added to their total, they would be entitled for admissions as their total would exceed the total of the last selected candidate. 3. According to opposite party No. 1 (Lucknow University), which contested the claims of the petitioners and challenged their stand, for each question it was only the key answer which was the correct answer and it is wrong to say that for any question more than one option or alternative answer could be said to be correct answer. It is also incorrect to say that any question or all the four options given in respect of any question were incorrect in any of the four Science Papers. The power of the court to look into the correctness of the answers of the disputed questions is also challenged. Plea of limitation is also raised. No written statement was filed by other opposite parties. 4. In the case of Kanpur University v. Samir Gupta, (1983 Allahabad Law Journal 1220) Hon'ble Supreme Court was pleased to observe that if a paper Setter commits an error while indicating the correct answer to a question set by him, the students who answer that question correctly cannot be failed for the reason that though their answer is correct, it does not accord with the answer supplied by the paper setter to the University as correct answer, it has been followed in several cases, (Writ Petition No. 5814 of 1983, Yogendra Singh v. Avadh University, Faizabad, decided on March 21, 1984 ; Writ Petition No. 5237 of 1985, Abdul Salam v. State of U.P. decided on 21.5.1986 ; Writ Petition No. 6715 of 1986, Vikas Garg v. Registrar (C.P.M.I.) Kanpur University, decided on 11.12.87) decided by this Court and Pankaj Bhalla and others v. Rohilkhand University Bareilly and others, 1989 A.L.J. 801. Hence the question of correctness of the key answer and the answer opted by the petitioners when raised can be and has to be looked into by this Court. 5.
Hence the question of correctness of the key answer and the answer opted by the petitioners when raised can be and has to be looked into by this Court. 5. In the same case the Hon'ble Supreme Court has further been pleased to observe that the key answer should be assumed to be correct unless it is not only proved to be wrong but it must be clearly demonstrated to be wrong. It is not to be held to be wrong B.A. inferential process or reasoning or by a process of rationalisation. In case of doubt unquestionable key answer has to be preferred. The Hon'ble Supreme Court further observed that if the matter is beyond doubt, it would be unfair to penalise the students for not giving the answer which accords with the key answer, namely, an answer which is demonstrated to be wrong. Where it is proved that the answer given by the students is correct, the students shall be entitled for the relief asked for. The views or opinions of authors contained in their books, teachers and/or a few others concerned with the subject as experts or otherwise furnished by both the parties were not consistent and uniform. So it was considered desirable to have the opinions of two such experts, who are quite detached and hold that rank of Senior Lecture or Readers or Professors in each subject, appointed at the instance of the Court as to Correctness of answer to the disputed question as well as concerned question. The Vice-Chancellor of Allahabad University was requested by the court to name, accordingly, two experts for each of the four subjects concerned, namely, Zoology, Botany Physics and Chemistry to give their opinions. The experts appointed at the instance of the court have looked into the concerned material including all that was furnished by the parties. This was done in presence of the counsel for both the sides who had and fully availed of the opportunity of presenting their cases before the experts. After consideration and examination of the material and with the help of their knowledge and experience, the experts gave their opinions. 6.
This was done in presence of the counsel for both the sides who had and fully availed of the opportunity of presenting their cases before the experts. After consideration and examination of the material and with the help of their knowledge and experience, the experts gave their opinions. 6. Learned counsel for the respondent No. 1 has challenged the opinion of the experts appointed at the instance of the Court on the ground that the respondent No. 1 has already obtained opinions of the Experts at its instance after raising of the disputes by the petitioner and on he basis of this second opinion obtained by the respondent No. 1 they are filing the comments which should be accepted and the opinions of the Experts appointed at the instance of the Court should not be accepted. I the first place, it may be mentioned that the respondent No. 1 has not filed comments against the opinion of the experts appointed at the instance of the court in the light of the submission made by the parties on the disputed question and to on taking into account their comments and the view of the authors or experts cited by them. Thus we have carefully considered all the points raised and the material placed before us from the side of the parties on the disputed questions together with the Opinions of the experts at the instance of this Court. 7. The learned counsel for the petitioners have submitted a consolidation chart furnishing the particulars as regards the names and roll numbers of the petitioners, the question numbers in respect of which each of the petitioners raised dispute and the total marks already received by each of the petitioners. No mistake in the chart has been pointed out by the opposite parties. Accordingly to the learned counsel for the petitioners the dispute with regard to the papers of Botany, Zoology, Chemistry and physics is confirmed by them to the following questions only, and in respect of all other question neither dispute is presses, nor any claim of marks is made by the petitioners.
Accordingly to the learned counsel for the petitioners the dispute with regard to the papers of Botany, Zoology, Chemistry and physics is confirmed by them to the following questions only, and in respect of all other question neither dispute is presses, nor any claim of marks is made by the petitioners. Subject Disputed question numbers Botany 19, 42, 98 Zoology 3, 10, 25, 31, 40, 71 Chemistry 10, 31, 44, 91 Botany Question No. 19 After preparing transverse section out of a cut piece of a axis, it was seen that it had a 'C' shaped open arch of endarch collateral boundless with secondary growth. This indicated that it is a transfers section of 1. A. dicotyledons petiole 2. A dicot stem at the node 3. A dicot root at the point where a root branch is coming out 4. A phylloclade Option 1 is the key answer. According to the petitioner, option 2 is also the answer This is challenged by Lucknow University, the opposite party No. 1. experts appointed at the instance of the court have given the following opinion. 8. In this connection in its comments furnished by the opposite party No. 1, has agreed with the opinion of the Expert that 'plant axis' includes leaves with their petioles in addition to the root and stem. In other words the opposite party No. 1 does not dispute that the phrase 'plant axis' has been used in a wider sense in this question, may be explained here that the thread like portion through which the leaves are acted to stem, is called petiole and the point on which petiole joins the stem, is called node. Thus, the node is the swollen portion and is a part of 'plant axis' Dicotyledons mean the plants whose seeds contain two cotyledones, for example, Gram, peas etc. as distinguished from monocotyledons which contain one cotyledon, fa example, wheat and rice. Dicotstem is the short form of dicotyledon stem. Thus, Me options No. 1 and 2 dicotyledon is in fact the common word. 9.
as distinguished from monocotyledons which contain one cotyledon, fa example, wheat and rice. Dicotstem is the short form of dicotyledon stem. Thus, Me options No. 1 and 2 dicotyledon is in fact the common word. 9. The learned counsel for the opposite party No. 1 contended that the distinguishing feature between the option No. 1 and option No. 2 lies in the fact that transverse section of dicotyledon petiole (referred to in option No. 1) has only a 'C shaped open arch of endarch collateral bundles with secondary growth, and the transverse section of dicotstem at the node (referred to in option No. 2) has only ring shaped and not 'C shaped open arch of endarch collateral bundles with secondary growth, and, therefore, only option No. 1 is correct. Apart from the fact that opinion lit two Experts obtained by this Court do not support this contention, it is not Instantiated by the writings of Authors placed before the Court. From the side of the milt party No. 1, 2 Books, namely, 'The Text Book of Botany' (Indian Edition) by J.M. Lowson and Professor Birbal Sahni, Fourth Edition (Revised), pages 152 and 153,and second Edition of 'plant Anatomy' by Katherine Esau, Pages 442 and 443 have been relied upon to support its stand. In the first book at page 153 the authors plaid down that transverse section of collateral bundles passing from the stem into leaf may occasionally form a ring as in the stem of the Dicotyledon. It is not so invariably. At page No. 442 of the Second Book it is laid down that in the stem, the annular bundles of the petiole may be collateral, incollateral or concentric. Out of a number of Books referred to by the counsel for the petitioners, the following Books PI)show dial in case of dicot stem the vascular bundles may form 'C' shaped arch fan. It therefore, seems that the dictostem at the node in its transverse section can have a C shaped open arch of endarch collateral bundles with secondary growth, keeping in view the fact that the phrase plant axis' has been used in a wider sense. 1. Comparative Morphology of Vascular plants, second Edition by Adriance S. and Earnest M. Page 572. 2.
1. Comparative Morphology of Vascular plants, second Edition by Adriance S. and Earnest M. Page 572. 2. Anatomy of the Dicotyledons, second Edition, Volume by C.R. Metcalfe and L. Chalk, Clarendon Press-Oxford 1979 under the heading 80 The stem node leaf Continuum of the Dicotylendoneae. 3. Plant Anatomy by Katherine Esau, page 349. Both the options No. 1 and 2 correct, hence credit of marks is to be given accordingly. 10. Question No. 42 Each leaf of Cycas is supplied by : (1) Two direct traces and two girdle traces. (2) A number of direct traces and two girdle traces. (3) A number of direct traces and a number of girdle traces. (4) Two direct traces and a number of girdle traces. According to the respondent No. 1 the only correct answer is the alternative answer (2).' The same is the Key-answer. According to Sri Robin Mitra, learned counsel for the concerned petitioners, the alternative No. 1 is the correct answer. The opinion of the experts appointed at the instance of the Court is as under: "The correct answer to the question is alternative 2. (ref. Cycas and the Cycadates-D.D. Pant). Although in some books of Indian authors information contrary to that of Pant is given, Pant's version should be taken to be correct and final since he is authority on Cycas." This opinion of the experts which goes in favour of the respondent No. 1, is challenged by sri Robin Mitra, learned counsel for the concerned petitioners, on the ground that the experts had placed implicit reliance on the view of the author Sri D.D. pant 'since he is authority on Cycas" despite the fact that experts have found that in some books of the Indian authors contrary view is mentioned. Sri Mitra submitted that the matter is to be considered in the light of the views expressed by several authors in the books on the subject prescribed for students of physics for Intermediate classes or the books meant for such students and since these books which such students study go in favour of and support the alternative answer No. 1 opted by the concerned petitioners, the latter should be given credit for their answer. This submission carries substance and force. The students for C.P.M.T. are tested on the basis of the books prescribed for Intermediate classes.
This submission carries substance and force. The students for C.P.M.T. are tested on the basis of the books prescribed for Intermediate classes. They are not expected to have a specialised knowledge of various topics of the subjects in which they are tested. Similar view was taken in writ Petition No. 3026 of 1979 Sushil Chandra Tewari v. State of U.P. decided on 4.12.79 by a Division Bench sitting at Lucknow. Let us, therefore look into some of the standard books for Botany which are prescribed or generally meant or read by the students of Intermediate classes for C.P.M.T. to find out whether the alternative answer No. 1 gets support from those books. The following books of which relevant extracts have also been filed from the side of the petitioners, have been relied upon from their side in support of the alternative answer No. 1:- 1. A Text Book of Modem Botany - by M.P. Kaushik, M.Sc. (Botany), Ph.D. (Princeton) retired Head of the Department of Botany, D.A.V. College, page........ 2. A Text Book of Botany (Vol. II) by S.N. Pandey, S.P. Misra and P.S. Trivedi (Page 376). 3. A Text Book of Botany (Vol. II) Embrophyta for B.SC. Students of the Indian Universities By Arjun Kishore and R.P. Sarbhai, IX Revised edition, 1982-83 (Page 367) 4. Gymnosperms (for Undergraduate students)- by G.L. Chopra and V. Verma, 1988 edition, Pages 52 & 53. 5. Intermediate Banaspat Vigyan - By Sita Ram Prasad and Dr. S.K. Varma, 1986 Publication. Page 239. These books while discussing the cycas and also depicting the transverse section of stem of cycas in figures given therein go to lay down that a generally there are four vascular bundles which enter base of each leaf. Two of these leaf traces are direct i.e. arising from vascular tissue of stem and enter the leaf of the same side. Two other bundles which enter the leaf do not arise from the stale of the same side but from the opposite side. They move together into cortex of same side for some distance and then curve in opposite direction and enter the leaf base on the opposite side. These leaf traces are called leaf girdles. In the above books the number of these leaf girdles is given as two. In the book at SI.
They move together into cortex of same side for some distance and then curve in opposite direction and enter the leaf base on the opposite side. These leaf traces are called leaf girdles. In the above books the number of these leaf girdles is given as two. In the book at SI. No. 5 above which has been approved by U.P. Intermediate Education Board and is meant for Intermediate and Pre-Medical test courses, it is very clearly laid down that generally four leaf traces and found in cortex of the stem of cycas, out of which two are direct traces and two are girdled traces. Two other books referred from the side of the petitioners, namely, Madhyamik Banaspati Vigyan- M.P. Kaushik and A Text Book of Botany Gymnospcrms (for Degree students) - By B.P. Pandey, 1982 edition, page 42, also do not lay down a contrary view. In other words they do not lay down what is given in alternative Answer No. 2 which is the key answer. In view of the above, alternative answer No. 1 is also to be held as a correct answer. Hence, the petitioners who have opted for the same are entitled to full marks for the question. 11. Question No. 98 : Edible part of Coconut is 1.Endocarp 2. Mesocarp 3. Endosperm 4. Entire seed According to the petitioners, alternative answer No. 4 is also the correct answer in addition to the key answer. Opposite party No. 1 challenges it. Experts have given the following opinion :- "Coconut seed consists of fleshy endosperm, inseparable seed coat and embryo embedded in, the endosperm at inner end. Usually endosperm is eaten alongwith speedboat. The embryo portion is generally discarded. Thus strictly speaking all the 4 alternative given are incorrect." Fruit of coconut under its shall contains seeds. That seed or entire seed consists of edosperm which is white fleshy material, brownish papery covering the endosperm' I above the seed coat and the embryo which lies embedded on the top of the kernel below the scar. According to the petitioners, the entire seed' (alternative answer No. 4), which means the aforementioned three portions is edible portion of the coconut and endosperm (alternative answer No. 3) is not the only edible portion of the coconut. 12. The definition of the word 'edible' as given in the 'American College Dictionary' is 'fit to be eaten as food' eatable' esculent.
12. The definition of the word 'edible' as given in the 'American College Dictionary' is 'fit to be eaten as food' eatable' esculent. The Experts appointed at the instance of the Court have rightly expressed that the embryo portion is generally discarded. Embryo portion being not an item of food as it is not usually eaten, it is obvious that all the three parts which go to constitute 'entire seed' (alternative answer 3) cannot be said to be edible part of coconut. On the other hand, any student who knows the meaning of and distinction in the alternative answer Nos. 3 and 4, will find that the only correct answer between these two alternative answers would be and can be the key answer and not the alternative answer 4. It is only a student who does not know the correct meaning, nor fully understands alternative answer Nos. 3 and 4, can opt for the alternative answer 4 as correct answer to the question. The claim of such students for marks is nothing else but the claim for their ignorance or efficient knowledge in the matter. This cannot be allowed. From the side of the petitioners several Books as well as opinion of Dr. K. Varshney of the Department of Botany, Bareilly College affiliated to the University of Rohilkhand have been filed in support of their contentions that the entire seed consisting of the three parts is eaten. He has referred to certain other Books also in his report. According to Y.D. Tyagi, the author of the Book 'Botany' and Dr. M.P. Kaushik, the author of the Book 'Madhymik Vanaspati Vigyan' and A.C. Sahgal, the author of the Book 'Botany' endosperm and seed both are eaten. In the Book of Dr. M.P. Kaushik under the heading 'Halka Khaney Yogya Bhag' it is mentioned that Bhrun Tatha Bhrun Pop (Puma Bij Bhi) of coconut. For the word 'Bhrun', the English version used is embryo. The point still remains whether all the parts of the entire seed are usually eaten as food or any of the three parts is generally discarded instead of being eaten. The embryo is that part which is usually rather mostly discarded. Eating it can be said to B.A. exception. So it cannot be said that the entire seed constitutes the usual edible part of coconut.
The embryo is that part which is usually rather mostly discarded. Eating it can be said to B.A. exception. So it cannot be said that the entire seed constitutes the usual edible part of coconut. As against it endosperm undoubtedly remains that part of the coconut which is invariably the edible part of coconut. Hence the alternative answer 4 is not the correct answer. The correct answer is alternative number 3. Zoology 13. Question No. 60 : Red colour of blood of earthworm is due to : 1. Haemoglobin 2. Chlorocuruorin 3. Erythrocruorin 4. Haemocynin According to the learned counsel for the petitioner, alternative answer 3 is also the correct answer to the question in addition to the key answer (option No. 1) The opposite party No. 1 challenges it asserting that option No. 1 is the only correct answer. The opinion of the Experts is given below :- "The red colour of blood in animals is due to a respiratory pigment known as haemoglobin. Amongh invertebrates to which earthworm belongs haemoglobin is also known as Erthrocruorin. Hence the key answer and the third alternative both are correct." There is no dispute on the point that red colour of blood in animals is due to a respiratory pigment known as haemoglobin. The opposite party No. 1 has set out in its comments that Erythrocruorin is one of the iron porphyrine protein respiratory pigments found in the blood and tissue fluids of invertebrates which correspond functionally to haemoglobin found in the vertebrates. Further red colour of blood invertebrate insects, molluscs and protozoans only is imparted by Erythrocruorin. This view of the opposite party No. 1 conforms to the opinion of the Experts. However, the opposite party No. 1 further mentioned in its comments that Erythrocruorin cannot replace haemoglobin in earthworm because structurally and biochemically it is a slightly different respiratory pigment protien though its function in other invertebrates is the same as that of haemoglobin. This on one hand is not sustained at all from the four Books cited by the opposite party No. 1 in the this connection and on the other hand goes counter to what is contained in the two outstanding dictionaries of Biology.
This on one hand is not sustained at all from the four Books cited by the opposite party No. 1 in the this connection and on the other hand goes counter to what is contained in the two outstanding dictionaries of Biology. In Mc Graw-Hill Dictionary of Biology, the Editor-in-Chief S.P. Parker 'erythrocruorin' is defined as any of the iron-porphyrin protein respiratory pigments found in the blood and tissue fluids of certain invertebrates, corresponding to haemoglobin in vertebrates. In the New Encyclopaedia Britannica, Volume 15, it is noted at page 95 that the haemoglobin of some of the lowest fishes are monomers containing one iron atom per molecule. Hemoglobin-like respiratory proteins have been found in some invertebrates. The red hemoglobin of inspects mollusks, and protozoans is called erythrocruorin. It differs from vertebrate hemoglobin by its high molecular weight. It is thus absolutely clear that in the invertebrates to which earthworm belongs haemoglobin which gives rise to red colour of blood, is also known as erythrocruorin. Consequently the alternative answer 3, in addition to the key answer, is correct. 14. Question No. 79 : Young one of mosquito is known as : - 1. Maggot 2. Imago 3. Nymph 4. Catterpilar According to the petitioners, all the answers are incorrect. According to the opposite party No. 1, alternative No. 3 is the correct answer, opinion of the Experts is as under:- "In this question no answer is correct. The key answer saying imago as the young one of mosquito is not correct. Imago means a fully developed adult of any inspect. Young mosquito cannot be a fully developed adult mosquito. A young mosquito will be either the larva or pupa of mosquito. Maggot is the larva of flies. Nymph is the developmental stage of such insects in which developmental stages arc similar to adult but their process of metamorphosis is different than mosquitos. The examples of such cases are cockroaches, grasshoppers etc. Catterpillars are the larva of butterflies." 15. According to the opposite party No. 1, imago is the last stage in inspect metamorphosis. Metamorphosis in the pupa changes the form and structure from embryo to a young mosquito (just adult stage). Thus this stage obviously is not fully developed adult stage.
The examples of such cases are cockroaches, grasshoppers etc. Catterpillars are the larva of butterflies." 15. According to the opposite party No. 1, imago is the last stage in inspect metamorphosis. Metamorphosis in the pupa changes the form and structure from embryo to a young mosquito (just adult stage). Thus this stage obviously is not fully developed adult stage. Opposite party No. 1 has relied on the Books 'Adhunik Jantu-Vigyan' by Remesh Gupta and V.P. Agrawal, page 726 and 'Modern Zoology' by Ramesh Gupta and Sudhir Gupta, page 618 wherein it is mentioned that on splitting of pupal skin young mosquito i.e., imago, hatches out from it. But the Books named below cited from the side of the petitioners go to substantiate the stand of the petitioners as well as the view of the Experts that imago is a fully developed adult. These Books go to make out that on completion of metamorphosis the pupa is transformed into perfect adult insect called imago, and on splitting of the pupal skin the insect which comes out, is so well developed like adult that it flies away after a few moments and as a general rule they do not mature in future. Imago is mentioned in some of these Books as adult condition. Consequently there seems to be force in the view expressed by the Experts that imago is a developed adult of an insect and it will not be correct to call it as young one of a mosquito. The key answer, therefore, cannot be said to be quite correct. Consequently, the petitioners who have claimed marks are entitled to full marks, for this question. Chemistry 16. Question No. 3 : Which of the following statement is true about [CuNH3)4]SO4 ? 1. It has coordinate bond as well as covalent 2. It has only coordinate bond 3. It has only electrovalent bond 4. It has electrovalent as well as coordinate bond According to the petitioners, alternative answer 1 is also correct answer besides the alternative answer 4 which is key answer. According to the opposite party No. 1, alternative answer 4 is the only correct answer. The following is the opinion of the Experts :- "The compound, [Cu(NH3)4)SO4, has three type of bonds, i.e. covalent, coordinate and electrovalent. The N-H bond in NH3 is covalent, the N-Cu bond is coordinate and the bond between [Cu(NH3)4]++ and SO4 ions is ionic.
According to the opposite party No. 1, alternative answer 4 is the only correct answer. The following is the opinion of the Experts :- "The compound, [Cu(NH3)4)SO4, has three type of bonds, i.e. covalent, coordinate and electrovalent. The N-H bond in NH3 is covalent, the N-Cu bond is coordinate and the bond between [Cu(NH3)4]++ and SO4 ions is ionic. Hence, none of the alternatives given in answer key is strictly correct. Alternative (1) and (4) can be taken as partly correct. The key answer is not the only correct alternative." The compound [Cu(NH3)4]S04 is no doubt a single compound but it has NH3 as one molecule and S04 as another molecule besides copper. In the alternative answers 1 and 4 coordinate bond is common. The difference lies in the fact that the alternative answer 1 talks of covalent bonds and the alternative answer 4 refers to electrovant. In its comments the opposite party No. 1 admitted that the bond in NH3 molecule is covalent. Consequently, the alternative answer 1 which refers to covalent bonds, can also be said to be the correct answer. The opposite party No. 1 further commented that NH3 was the donor molecule ad was formed coordinate bond with the metal so the bond between N and H3 was not to be taken into account. This stand cannot be accepted. There is no doubt that bond between N and H was covalent and further the bond between S and O is also covalent, and alternative answer 1 and 4 both envisage the nature of bonds and not the fact as to which was donor and which was acceptor. Three types of bonds are involved in the compound. One is coordinate bond, which is common in both the answers. Other 2 bonds are covalent and electrovalent. Bond between N and H3 as well as between S and O4 is undoubtedly covalent bond and the bond between [Cu(NH3)4] and SO4 is electrovalent bond. This is borne out from the Book' Modern Inorganic Chemistry' by R.P. Rastogi, Narendra Nath and M.B. Singh (page 326), but the fact remains that the complex salt (Cu(NH3)4]SO4 does involve coordinate covalent and electrovalent bond and consequently the candidates opting the alternative answer 1 cannot be said to be wrong. That is also the correct answer besides the key answer. Credit of marks is to be given accordingly. 17. Question No. 10.
That is also the correct answer besides the key answer. Credit of marks is to be given accordingly. 17. Question No. 10. The number atom is 1.4 gm N2 gas is : Alternative answers : 1. 6.0240 x 1022 2. 3.0120 x 1023 3. 1.2048 x 1023 4. 0.0240 x 1023 According to the respondent No. 1, alternative answer No. 3 which is the key answer, is the only correct answer. According to the petitioners, alternative answer No. 1 is the correct answer, and the key answer is wrong. According to the opinion of the Experts, key answer is wrong, and the alternative answer 1 is the correct answer. No comments against the opinion of the Experts as well as against the explanatory note were filed by the opposite parties. The learned counsel for the petitioners contended that the opinion of the Experts and the petitioners' explanatory note, therefore, remained uncontraverted from the side of the respondent, despite the opportunity they had to file opinion or views contrary to the Expert's opinion. In addition to the opinion of the Experts, the Books cited from the side of the petitioners the opinion of Sri K.B. Lal, Reader in Department of Chemistry at St. Jones College Agra has been filed in support of the petitioner' claim. One mole (say particle) of any material means the atomic weight of that material. The total number of atoms found in one mole of any material is called Avagadro's number. The number of atoms in any element can be determined in the following manner. Here the Nitrogen gas (N2) is being taken as per the key question : The atomic wt. of the Nitrogen gas = 14 gm = 1 mole = Avagadro's number. Since 14 gm Nitrogen gas = 6.0240 x 1023 (Avagadro no.) hence 1 gm of Nitrogen gas 6.0240 x 1023/14 1.4 G.O. Nitrogen gas = 6.0240 x 1023 1.4/14 = 69.0240 x 1022 Ans. Thus/alternative answer No. 1 is the correct answer and the key answer is wrong. Credit of marks is to be given accordingly. 18. Question No. 25 : When concentrated H2SQ4 added to dry KNQ3 brown fumes evolves. The fumes are - 1. SO2 2. SQ3 3. NO 4. NO2 According to the respondent No. 1, alternative answer 3 is the only correct answer.
Credit of marks is to be given accordingly. 18. Question No. 25 : When concentrated H2SQ4 added to dry KNQ3 brown fumes evolves. The fumes are - 1. SO2 2. SQ3 3. NO 4. NO2 According to the respondent No. 1, alternative answer 3 is the only correct answer. According to the petitioners, alternative answer No. 4 is the correct answer and the key answer is wrong. 19. The Experts have supported the stand of the petitioners in their opinion. No comments were filed by the opposite parties against the opinion of the Experts as well as against the explanatory note of the petitioners which was filed in support of their version. 20. In addition to the opinion of the Experts, the extracts of some of the Books cited from the side of the petitioners also go to make out that as a result of the reaction of concentrated H2SO4 with dry KNO3, brownish fumes of nitric oxide (NO) come out but the nitric oxide (NO) combines with the atmospheric oxygen giving rise to brown fumes of nitrogen dioxide (NO2). It may be mentioned here that the physical quality of nitric oxide is that it is a colourless gas and that of nitrogen dioxide is that it is brown and redish brown. Both are the gases. This reaction is shown by the Experts in the following form in their opinion and the same finds support from the Books 'Chemistry' by James V. Auagliano and 'Principles of Inorganic Chemistry' by B.R. Puri and L.R. Sharma "The reaction proceeds as follows :- KNO3 x H2SO4 (comes) - HNO3 + KHSO4 . 2HNO3 -; NO2 + H2O + O2 NO2 is a gas and is brown in colour." The correct alternative answer being No. 4 and hot the No. 3 which is the key answer, the petitioners who have opted for the alternative answer No. 4, are entitled to get full marks. 21. Question No. 31. For the reaction - H8(g) + Br2(g) = 2HBr(g) the rate law is rate = K(H2) (Br2)4 which of the following statements is true about this reaction? 1. The reaction is a second order one- 2. Molecularity of the reaction is 3/2 3. The unit of K is sec -1 4. Molecularity of the reaction is 2-(key answer).
For the reaction - H8(g) + Br2(g) = 2HBr(g) the rate law is rate = K(H2) (Br2)4 which of the following statements is true about this reaction? 1. The reaction is a second order one- 2. Molecularity of the reaction is 3/2 3. The unit of K is sec -1 4. Molecularity of the reaction is 2-(key answer). According to the respondent No. 1, the question is correct and the alternative answer No. 4 is the only correct answer. According to the petitioners the entire question is wrong. 22. In the opinion of the Experts, the question is wrong for the reason that the resultant of the reaction of Hg(g) +Br2(s) is not 2HBr(g)). The Experts further opine that if the reactants are correct, the product is wrong and if the product is correct, the reactants are wrong. 23. The opposite parties did not file any comment against the opinion of the Experts on this question. The opinion of the Experts that 2HBr(g) is not the product or the resultant reaction between Hg(g) and Br2(g) get support from the Books Chemistry' by John W.Moore William G. Davies Ronald W.Collins, Modern Inorganic Chemistry' by Dr. K.N. Sharma and Intermediate Inorganic Chemistry by G.D. Tuli, B.S. Bahl and Amba Prasad. 24. The question itself being wrong, the petitioners who claimed marks for this question, are entitled to full marks for the question. 25. Question No. 40 Bleaching action of bleaching powder is due to die formation of - 1. OC1 - (Petitioners' answer) 2. O2 - (Key answer) 3. Cl2 4. Cl 26. According to the respondent No. 1 alternative answer No. 2 is the correct answer. Same is the key answer. According the petitioners, answer No. 1 is the correct answer. 27. According to the Experts, the bleaching action of bleaching powder is due to the formation of hypochlorite ion (OCP). It is not due to the formation of oxygen molecule (O2). 28. This question has been touched by the respondent No. 1 in its first comments filed on 18.1.90 and not in its 2 subsequently filed comments against the opinion of the Experts appointed by this Court.
It is not due to the formation of oxygen molecule (O2). 28. This question has been touched by the respondent No. 1 in its first comments filed on 18.1.90 and not in its 2 subsequently filed comments against the opinion of the Experts appointed by this Court. The respondent No. 1 has relied on page 712 of the Book 'Modern Inorganic Chemistry' by R.P. Rastogi, Narendra Nath and N.B. Singh (1983) to supports it following stand :- "The bleaching action of bleaching powder is due to evolution of oxygen (Nascent form) which comes out from unstable hypochlorous acid HCIO. (See reference). But Nascent oxygen has momentary existence and it immediately changes to O2. Hence alternative answer 2 is the only correct answer which is the key answer also. The respondent No. 1 further commented :- "The experts have given no reason for their statements." In fact the bleaching action of bleaching power cannot be due to hypochlorite OC1-. Hypochlorite ion OC1- is present in the form of HC1O and this hypochlorous acid HC1O is unstable which reacts with HC1 and gets decomposed to H2O and Cl2: HC1O +HCl - H2O + Cl2 The evolved chlorine comes in contract with moisture and evolves oxygen in nascent form Cl2 + H2O - 2HC1 + [O]. The decomposition of HCIO to nascent oxygen might take place in one stage. HC1O - + HC1 + [O]. The nascent oxygen thus evolved is responsible for the bleaching action of bleaching powder and not hypochlorite ion OCT . It is thus evident that it is the nascent oxygen (O) which evolves and causes the bleaching action of the bleaching power. It comes out from hypochlorous act (HCIO). But the nascent oxygen (O) is not at all mentioned as one of the alternative answers. Admittedly nascent oxygen has momentary existence and immediately changes to O2, but the fact remains that the bleaching action occurs due to nascent oxygen (O), and, therefore, the key answer which is the alternative answer No. 2, cannot be said to be the correct answer. 29. The opinion of the Experts finds support from the Text Book of 'Quantitative Inorganic Analysis' by Arthur I. Vogel, D.Sc. (Lond.), D.I.C. F.R.I.C. (Third Edition) pages 363 and 364.
29. The opinion of the Experts finds support from the Text Book of 'Quantitative Inorganic Analysis' by Arthur I. Vogel, D.Sc. (Lond.), D.I.C. F.R.I.C. (Third Edition) pages 363 and 364. The author says :- "Determination of the available chlorine in bleaching powder :- Bleaching powder consists essentially of a mixture of calcium hypochlorite Ca (OC1), and the basic chloride CaCl2. Ca(OH)2, H2O; Some free slaked lime is usually present. The active constituent is the hypochlorite, which is responsible for the bleaching action. Upon treating bleaching powder with hydrochloic acid, chlorine is liberated." The view of authors Michell J. Sienko and Robert A. Plane in their book 'Chemistry' at page 9 is to the same effect. 30. The opinion of the Experts is, therefore, acceptable. 31. Consequently the petitioners who have opted for the alternative answer No. 1, are entitled to full marks. 32. Question No. 71 : 2SO2 + 02 - 2SO3 + 4500 Calories In the above reaction more SO3 will be obtained by - 1. decreasing the pressure 2. increasing the temperature 3. decreasing concentration of SO2 4. decreasing concentration of O2 33. According to the respondent No. 1, alternative answer No. 1 is the only correct answer. It is the key answer. According to the petitioners, all the alternative answers are incorrect. 34. According to the opinion of the Experts, the key answer is wrong and all other alternatives are also wrong. The Experts have arrived at this conclusion by showing the reaction as under :- "The reaction, 2SO2 +O2 - 2SO3 + 45200 Calories is an exothermic reaction. According to Le chatelier principle, the reaction i.e. the formation of SO3 will be favoured by the following conditions :- (a) increase in concentration of SO2 (b) increase in concentration of O2 (c) increase in pressure (d) lowering of temperature. The respondents have filed no comments against the opinion of the Experts or against the explanatory note furnished by the petitioners in support of their stand though they had filed comments one after the other on 3 different date. 35. The opinion of the Experts finds support from some of the Books of Chemistry' extracts of which has been filed by the petitioners.
35. The opinion of the Experts finds support from some of the Books of Chemistry' extracts of which has been filed by the petitioners. In this connection reference may be made to the Books viz (1) 'Physical and Organic Chemistry' in Hindi by R.K. Bountra, J.K. Khanna and R.K. Khanna, (2) Essentials of Physical Chemistry' by B.S. Bahl and G.D. Tulli, (3) 'Chemistry' by Ronald J. Gillespie, David A.Humphreys, N. Colin Baird and Edward A. Robinson, and (4) 'Principles of Physical Chemistry' by B.R. Puri, L.R. Sharma and M.S. Pathania. All these authurs have mentioned that the reaction, i.e. the formation of S03 will be favoured by increase in pressure when 2S02 + O2 will react. Hence the key answer which is the alternative answer No. 1, cannot be said to be the correct answer. On the other hand' all the alternative answers are incorrect. With the result, that the petitioners who have claimed marks for the question are entitled to the credit of full marks for this question. Physics 36. Question No. 10. A weightless spring which has a force constant K oscillates with frequency V when a mass m is suspended from it. The spring is cut into two halves and a mass 2m is suspended from it. The frequency of oscillation will now become - 1. V 2. 2v 3. v/(2y) 4. v.(2) 37. According to the respondent No. 1, the only correct answer is the alternative answer No. 3. According to the petitioners, the correct answer is alternative answer No. 1 only. 38. In the opinion of the Experts, alternative answer No. 1 is the correct answer for the reasons explained by them. Their opinion is as follows :- "This question is slightly ambiguous. It is not mentioned, what one does with the second half of the spring. There can be two possibilities after the spring is cut into two halves, as shown in Figure (1) and (2) However, we consider that figure (1) pertains to this question, considering the fact that if case (2) were correct, then it must have been explicitly mentioned. Now taking Figure (1), the force constant after cutting of the spring into two halves, gets doubled. The mass hanging now is also doubled. Since the frequency depends upon the square root of force constant/mass, as both are getting doubled, the frequency will remain unchanged. Answer (1) is correct.
Now taking Figure (1), the force constant after cutting of the spring into two halves, gets doubled. The mass hanging now is also doubled. Since the frequency depends upon the square root of force constant/mass, as both are getting doubled, the frequency will remain unchanged. Answer (1) is correct. It may also be pointed out that if the situation corresponding to Figure (2) is taken, answer (4) is correct. "In our opinion, Answer (1) is correct, for the reasons explained above." From the side of respondent No. 1, it is commented and has also been pressed in the course of the arguments that the two halves of the spring, according to the question, are to be arranged in the series as shown below in Figure No. (3) and then the only correct answer would be the alternative answer No. 3 which is also die key answer. It is also submitted that Figure (1) is wrong because it completely ignores the second half of the spring and Figure (2) is also wrong because in it the two halves of the spring have arbitrarily been placed. On reading the English version alongwith the Hindi version of the question, it is clear that the mass (2m) is to be suspended to one of the two halves of the spring. This is reflected by the Figure (1) given above. The Experts appointed at the instance of the Court have, therefore, rightly understood the question in the same form as shown in the first Figure, which has been reproduced above as figure No. (1). In this connection it is to be mentioned that while the English version of the question is not quite clear whether the two halves are to be used in series while suspending the mass (2m) to determine the frequency, Hindi version in its latter sentence thus specifics : " fLizax dks 2 cjkcj Hkkxksa esa dkVdj ,d Hkkx esa 2m ek=k okyk Hkkx yVdk;k x;kA ;g fLizax dk vkirZ force gksxk %& ( 1 ) v ; ( 2 ) 2v ; ( 3 ) v /( 2 ) ; ( 4 ) v .
( 2 )" It is also the fact that the English version of the question does not specify that the two halves of the spring arc lo be combined together in series as shown in Figure (3) above for which the correct answer would be the alternative answer No. 3. In the absence of this clarification or in other words in view of such ambiguity in the English version of the question failure of the candidates in placing the two halves together in the cries as shown in Figure (3) cannot be said to be unjustified. Therefore, using only half of the spring (out of its two halves) and then suspending a mass (2m) from it, as shown in Figure (1) above and then determining the frequency of oscillation was justified on the basis of the question as it is. undoubtedly the correct answer in this situation would be the alternative answer 1. There is no dispute on the point that on the basis of the Figure No. (1), alternative 1 is the correct answer, So the petitioners who have answered this question accordingly, are entitled to the credit of marks for this question. 39. Question No. 31 A small spherical solid bail is dropped from a high in a viscous liquied. Its tourney in the liquid is best described in the diagram given below (V = Velocity & t = Time) by the 1. Curve A 2. Curve B 3. Curve C 4. Curve D According to the respondent No. 1, alternative answer No. 3 (Curve C) is the correct answer. It is also the key answer. Learned counsel for the petitioners submitted that the alternative answer 2 (Curve B) is the correct answer. Some of the petitioners had originally taken up the case that all the alternative answers were wrong but this stand was subsequently given up. 40. According to the Experts, alternative answer 2 (Curve B) is the correct answer. They have given their opinion thus :- "A ball falls because of the force of gravity. The higher the height from which it falls, the greater velocity it attains. This is true only when it falls in vacuum. In a viscous liquid the motion of the ball is affected by the viscous drag of the liquid. This drag increases with velocity of the ball. Initially, the ball will gain velocity with time as drag is small.
The higher the height from which it falls, the greater velocity it attains. This is true only when it falls in vacuum. In a viscous liquid the motion of the ball is affected by the viscous drag of the liquid. This drag increases with velocity of the ball. Initially, the ball will gain velocity with time as drag is small. Alter some time a stage comes when further increase of velocity is not possible on account of the drag of the liquid. Curves A and B both represent this situation in which the velocity first increases with time and then becomes constant with time. However, this change is not abrupt. In curve A the change is abrupt. Hence curve B (Answer 2) is correct." The opinions of the Experts, views of the authors contained in the Books referred to by the learned counsel for the petitioners as well as his submission arc based on the premise that the ball starts travelling from the surface of the viscous liquid going into it and its velocity in the course of its journey in the liquid is to be determined. In this situation, alternative answer (Curve B) is the correct answer. The reason is that on releasing the ball in viscous liquid, its velocity accelerates at first but soon it reaches a steady value known as the terminal velocity. This is called the Stock's law. This position is depicted by (Curve B) in alternative answer No. 2. Reference in this connection has been made by the petitioners to the Books (1) Rudiments of Physics' by Sohan Lal, Manohar Gupta and J.S. Dhami (2) Nutan Madhyamik Bhautiki Part I' by Raj Kumar and G.L. Mittal, (3) Advanced Level Physics' (Fourth Edition) by M. Nelkon and P. Parker and (4) 'Principle of Physics' by N. Subrahmanyan and Brij Lal. 41. The learned counsel for the respondent No. 1 has submitted, and rightly so, that according to the question the small spherical solid ball is being dropped from a height, 'in the atmosphere' into the viscous liquid and the paper setter simply wants 1 the candidates to determine the journey of the same ball in the liquid only. The diagram given in the question accordingly depicts that part of the journey which the ball undergoes in the liquid. 42.
The diagram given in the question accordingly depicts that part of the journey which the ball undergoes in the liquid. 42. On the basis of the opinions of the Experts obtained by the respondent No. 1, it has been explained that the velocity of such ball will first decrease on its ] entry into the viscous liquid till it attains the terminal velocity in the viscous liquid not abruptly but gradually till it attains the terminal velocity or constant velocity in the viscous liquid. The journey of the ball in the viscous liquid is, therefore described correctly by the (Curve C, alternative answer No. 3). This is the correct answer. The opinion or submission to this effect that the correct answer is shown by (Curve B, alternative answer No. 2), seems to be due to the fact that the petitioners as well as the Experts appointed at the instance of the Court have missed that part of the question 1 which provides that the journey of the ball has commenced from atmosphere, i.e., in air and it was thereafter that the same moving ball dipped in the viscous liquid and 1 travelled inside it. 43. Thus, the key answer (alternative answer No. 3) being the only correct answer, the petitioners who have challenged it, or answered otherwise, are not entitled to any credit of marks for this question. 44. Question No. 44 Three class prisms A, B & C of the same refractive index, are placed in contact with each other as shown in the diagram below, with no air gap between the prisms, a monochromatic ray of light OP passes through the prisms assembly and emerges as OR, the condition of minimum deviation is satisfied in the prisms. 1. A & C 2. B & C 3. A & B 4. In all the three prima A, b & C According to the respondent No. 1, alternative answer No. 3 is the only correct answer. According to the petitioners, all options are wrong. The Experts have given the following opinion :- "This question is ambiguous as no angles etc. are mentioned. We are of the opinion that this be treated as dropped question." 45. The position of the prisms A, B, C involved in the question is given by the paper setter in the diagram shown under the question. Hence there remains no ambiguity on this point.
are mentioned. We are of the opinion that this be treated as dropped question." 45. The position of the prisms A, B, C involved in the question is given by the paper setter in the diagram shown under the question. Hence there remains no ambiguity on this point. It is submitted by the learned counsel for the respondent No. 1 that in the said situation of the three prisms, the minimum deviation inside the prisms will be when the line of refraction, i.e., the refracted ray travels parallel to the base of the prism and this condition is possible when the angle of incidence which forms at the point of entrance of the ray into the prism is equal to the angle of emergence which forms at the point of exit of the ray from the prism. This is borne out from the Book 'Nutan Madhyamik Bhautiki, Part I' by Raj Kumar and G.L. Mittal which Book was cited by the petitioners in connection with another question as well as by the extract of a book filed by the petitioners' counsel with their detailed notes on different questions after the filing of comments by the respondent No. 1 on the report of the Experts appointed in this case. From the side of the petitioners, the name of that Book and its author has not been furnished despite having been asked to do so. Perhaps it was realised that the extract of that Book furnished from the side of the petitioners in which the position of the prisms is shown exactly the same as we find in the instant question would clinch the point against them. The relevant portions of the Book, the extract of which has been filed by the petitioners, are given at pages 84 and 85 under the heading 'constant deviation prism'. It clearly lays down that the condition of minimum deviation is satisfied in the prisms when angle of incidence and angle of emergence are equal and the refracted ray inside the prism runs parallel to the base of the prism. This situation is covered under the alternative answer No. 3. It is, therefore, held that the alternative answer No. 3 which is also the key answer, is the only correct answer and the petitioners who have opted to the contrary, are not entitled to marks for this question. 46.
This situation is covered under the alternative answer No. 3. It is, therefore, held that the alternative answer No. 3 which is also the key answer, is the only correct answer and the petitioners who have opted to the contrary, are not entitled to marks for this question. 46. Question No. 91 As compared to a person with while skin another person with dark skin will experience - 1. Less heat and less cold 2. More heat & more cold 3. More heat and less cold 4. Less heat and more cold According to the respondent No. 1, alternative answer No. 3 is the correct answer and the same is the key answer. According to the petitioners, the correct answer is alternative answer No. 2 only. 47. The opinion of the Experts, which goes in favour of the petitioners, is given as under:- "A black body radiates more heat and also absorbs more heat. A person with dark skin absorbs more heat in summers. In summer, the external heat enters the body of a person, giving sensation of hot weather. In winter, the person with dark skin gives out more heat which gives him a feeling of cold. Answer (2) is correct." 48. There is no dispute on the point that answer of this question is based on Kirchoff's Law, and according to this law good absorbers are good emitters and poor absorbers of heat are poor emitters of heat. It is also admitted that black bodies are thus good absorbers as well as are good emitters. The opinion of the Experts is on the same lines. A number of Books cited from the side of the petitioners, such as Advanced Level Physics' (Fourth Edition) by M. Nelkon and P. Parker (Page 298), Madhymik Bhautiki' (Part-2) (1983) by J.C. Garg and J.P. Goel, 'Heat and Thermodynamics' (1983) by B.L. Kulshrestha and R.P. Goyal support the same view. Since a black body absorbes more heat, black person, i.e. a person with dark skin will absorb more heat and hence will experience more heat. As black body radiates more heat, a person with dark skin will radiates more heat, and when more heat is radiates, be will feel more cold. It is thus obvious that the alternative answer No. 2 is the correct answer and the key answer is not the correct answer.
As black body radiates more heat, a person with dark skin will radiates more heat, and when more heat is radiates, be will feel more cold. It is thus obvious that the alternative answer No. 2 is the correct answer and the key answer is not the correct answer. For this question credit of marks is to be given accordingly. 49. According to the respondent No. 1, Lucknow University, it had issued General Information and Instructions' (Contained in Annexure-V annexed with the comments of the Lucknow University filed on 18.1.90) to the candidates who were going to appear in the C.P.M.T. According lo "Rule 1" of the same Instructions, the "Answer books" of the candidate-, were to be preserved for 3 months from the date of a publication of C.P.M.T. merit list. On this basis the learned counsel for the respondent No. 1 submitted that the answer books of all those petitioners who had not filed their writ petitioners within three months from the date of publication of the result, have been destroyed. So it will not be possible for the Lucknow' University to re-evaluate their marks in the light of the order of re-valuation if made by this court. This stand of respondent No. is based on misconception. Answer Books of each candidate consists of a number of pages, one of the pages of die answer book is called cage-sheet or answer-sheet on which students note-down the alternative answers to different questions attempted by them in respect of each examination paper by tick-mark. It is no where provided in the aforementioned 'General Information and Instructions' that the cage-sheet, i.e., answer-sheet is to be destroyed. Even if the answer books which run in several pages is destroyed after the specified period ; in the absence of Rule or instructions to the contrary, the cage-sheets or answer-sheets only the basis of which re-evaluation of marks is quite possible, were not open to weeding or destruction. Therefore, it is not correct to say that re-evaluation of the candidates in the light of the judgment of this court is not possible by respondent No. 1 in the cases of the petitioners who have filed their writ petitions after three months from the date of declaration of the result. 50.
Therefore, it is not correct to say that re-evaluation of the candidates in the light of the judgment of this court is not possible by respondent No. 1 in the cases of the petitioners who have filed their writ petitions after three months from the date of declaration of the result. 50. Learned counsel for the Lucknow University has challenged the maintainability of the writ petition on the ground that they have been filed beyond a period of 90 days from the date of declaration of the result of the petitioners. There is no time limit prescribed under the Constitution for filing a writ under Article 226 of the Constitution. Having raged to the circumstances of the cases it cannot be said that the writ petitions were filed after such inordinate delay as to entail dismissal on the ground of delay and laches. 51. Further submission of the learned counsel for the respondent No. 1 is when all the alternative answers to a question are found to be incorrect by this court, no credit of marks should be allowed to those petitioners who have already attempted that question by tick-marking any of the alternative answers. Similarly, the petitioners, who have tick marked that alternative answer to a question in respect of which the key-answer and one more alternative answer are found to be correct by this Court, are not to be given any credit of marks. In both the situations, the mistake, which constituted the root cause was of the appear setter, hence to deny the concerned petitioners the credit of marks would mean to give premium to the mistakes of paper setter to the detriment of the petitioners concerned. This cannot be allowed. 52. We direct that the benefit of the revelation on the basis of the conclusion reached above has to be given only to the candidates who have approached courts d far and not to any one who has failed to do so. Similar view was taken in the case of Yogendra Singh (supra) and Vikas Garg (supra).
52. We direct that the benefit of the revelation on the basis of the conclusion reached above has to be given only to the candidates who have approached courts d far and not to any one who has failed to do so. Similar view was taken in the case of Yogendra Singh (supra) and Vikas Garg (supra). In the case of Kanpur University v. Samir Gupta, AIR 1983 SC 1230 : 1983 All LJ 1220, the apex court has held : "We, however, direct that no fresh petitions should be entertained by the High Court and, of course, none will be entertained by us hereafter on the questions involved in these appeals arising out of the test which was held in 1982. The new academic session is due to commence within the next few days and these questions cannot be allowed to be raised in a leisurely fashion so as to disorganise the scheme of fresh admissions." 53. We are not scrutining the cases or trying to find out how many marks each of the petitioners has secured. It is directed that Lucknow University (opposite party No. 1) will re-evaluate and recalculate the marks in accordance with the findings and directions already given. After such calculation the petitioners or such of them as arc entitled to succeed against the respective categories in which they filled admission such as genera) male, general female etc. (for M.B.B.S., for B.D.S. or for Unani Degree course etc. as the ease may be) shall be given admission to the course and college to which they may be found entitled in accordance with the normal principle. We direct that those of the petitioners who, on the basis of the revised marking as above, will be entitled to admission, should be given admission as early as possible in the current session 1989-90. The Lucknow University shall re-valuation recalculate the marks of the petitioners and declare their results within ten days on the baas of the same. The. opposite parties shall give admission to such of petitioners who become entitled on the basis of revised marks immediately, so that one year of the petitioners entitled for admission is not wasted. They shall also create the additional seats for such candidates.
The. opposite parties shall give admission to such of petitioners who become entitled on the basis of revised marks immediately, so that one year of the petitioners entitled for admission is not wasted. They shall also create the additional seats for such candidates. It may be clarified that those candidates who obtained the marks equal to or more than those secured by the last admitted candidate for different courses, shall be given admission. We are informed that the result of the C.P.M.T. for 1989 was declared recently and admissions in die medical courses have been made upto February 1990. We are unable to hold that the petitioners are bound to be given the relief of admission in the medical Collages of their choice. It will, however, be open to the authorities to consider their cases in accordance with the general principle which has been followed or is being followed as held in the case of Vikas Garg (supra) and in order earlier cases. 54. In addition to the credit of marks claimed by the petitioners for the disputed question, mistake in the calculation of marks already counted by respondent No. 1 is also asserted in Writ Petition Nos. 774 of 1989 by Ashok Kumar Rastogi and Anup Kumar Verma, 1301 of 1989 by Mohd. Usman and 2402 of 1989 by Rekha Tiwari in certain subjects, Accordingly, let the marks of the said petitioners Ashok Kumar in Chemistry and Physics, Anup Kumar in Botany and Chemistry; Mohd. Usman in Zoology and Km. Rekha Tewari in Zoology be first of all recounted and rechecked before adding such marks, if any, to their credit to which they are entitled under the above findings. 55. No other point has been pressed before us. 56. The writ petitions arc disposed of accordingly. No order as to costs.