JUDGMENT D. Raju, C.J.—C.W.P. No. 291/99. This writ petition has been initially filed by two candidates and subsequently another candidate was permitted to be impleaded as petitioner No. 3, besides impleading also, the fourth respondent. The petitioners were applicants for admission for graduate MBBS/ BDS courses and took part in the common entrance test conducted by the Himachal Pradesh University on behalf of the Government for admission of the students in the various colleges located in the State, which were to be ultimately made on the basis of merit to be determined with reference to the aggregate number of marks obtained in the entrance test. So far as the first petitioner is concerned, her roll number is 3609, that she applied against General category only, and that she secured 246 marks. So far as the second petitioner is concerned, her roll number is 3441 and she also applied as General candidate only and has secured 229 marks. The third petitioner appeared with roll number 5529 staking his claim also as a reserved candidate in respect of Ex. Serviceman and has secured 243 marks. Their claims and plea in support of the relief sought for was on the following grounds; (a) The Key answer in respect of question Nos. 54 and 71 in the subject of Chemistry, question No. 81 in the subject of physics and question No. 15 in the subject of Biology were incorrect and, therefore, they should be given additional marks in respect of those questions: (b) That there had been violation of instructions and candidates who against instructions used led pencil, that those who have answered by giving small alphabets and indulged in erasure and over-writing were also given marks and the same should not have been done; and (c) So far as the second petitioner is concerned, it was further claimed that she did really belong to Scheduled caste and though she did not initially apply as against such reserved category, she made a representation on 23.7.1999 to the Vice-Chairman to consider her claims also as Scheduled Caste candidate but the same was not done so and she must be considered and selected as a Scheduled Caste candidate with reference to her marks, viz. 229. 2. 229. 2. The first respondent-University filed a reply that the first petitioner is most likely to be offered a seat on account of the fact that number of candidates above her in the merit-list have not turned out for counselling. As a matter of fact at the time of hearing of the writ petition the learned counsel for the petitioner even represented that her case has been considered for admission and, therefore, she is not pressing the writ petition so far as her claim is concerned. So far as the second petitioner is concerned, it is the case of the University that since she applied only as a General candidate and not against reserved category her claims can be considered only as a General candidate and that even if the key answers are held to be wrong, as claimed by her, there is no chances of her getting selected as a general candidate, for which alone she applied. Reliance is placed upon clause 3(ii) of the prospectus in this regard. So far as candidate bearing roll number 1045 whose lapse in answering by using small alphabets was condoned on rechecking, it is stated that inspite of that he could secure only 193 marks and did not come anywhere near the selected range and, therefore, nothing turns in favour of the petitioners in this regard. So far as the claims relating to the incorrect key answers alleged by the petitioners are concerned, the University contends that the answer papers of all candidates were strictly valued as per the key answers given by the Paper setters duly checked, corrected and approved by moderators appointed for each subject to ensure that no question or their key answers should be ambiguous and wrong and such moderators are expert professors of the University in the respective subjects and that, therefore, there are no merits in the claims of the petitioners in this regard. So far as the merits of the case and the contentions of the parties on either side in respect of individual claims relating to the incorrect key answers of certain questions urged-the same will be adverted to and dealt with while considering the arguments of counsel at the appropriate stage. On the above claims, the petitioners claim that they should be declared eligible for admission to the courses applied for by them. C.W.P. No. 299/99 : 3. On the above claims, the petitioners claim that they should be declared eligible for admission to the courses applied for by them. C.W.P. No. 299/99 : 3. The petitioner in this writ petition claims that the key answer in respect of question Nos. 36, 59 and 81 in Physics, Question No. 15 in the subject of Biology and question Nos. 12 and 48 in the subject of Chemistry are demonstrably wrong and, therefore, the petitioner should be awarded additional marks in respect of those questions- and claims for admission should be considered on that basis. This petitioner appeared with roll number 3277 as a General candidate and has secured 243 marks. It is contended for the University that the key answer settled by them are correct, that great care has been taken to have them duly moderated by Experts in the subject before adopting the key answers suggested by the paper-setters, and that the question papers were also prepared with key answers by the eminent paper-setters in accordance with the syllabus prescribed for the examination. It is claimed, as in the other case that the answer papers were evaluated as per key answers given by the paper-setters as well as moderated by the Expert Committee and the Expert Committee for moderation was also appointed to ensure that no question should be ambiguous or have double answer or wrong key answer and that the question should have a specific one choice of answer only. Therefore, it is claimed that the petitioner is not entitled to any relief. C.W.P. No. 348/99 : 4. The petitioner in this writ petition appeared with roll number 6023 and after rechecking for which the petitioner made an application, he was found to have secured 230 marks in the entrance examination. Though he staked his claim for being considered as a reserved candidate from Backward area, his claims as such could not be and has not been considered as a reserved candidate since he did not study in backward area schools, and did not, therefore, satisfy the eligibility criteria for being treated as such. His claim has to be considered as a general candidate only. His claim has to be considered as a general candidate only. The grievance projected on behalf of this writ petitioner is as follows : (a) The petitioner has every reason to believe that several candidates, who have marked their answers in led pencil, and those who indulged in erasing and changing the answers, in violation of the instructions have been awarded marks and that grave prejudice has been caused to the petitioner and persons similarly placed, who strictly followed the instructions. The candidates, according to this petitioner, who have marked their answer-sheets with led pencil, were said to have had ample chances to erase or change the answer-sheets till the last time; (b) There had been wrong assessment of marks of the petitioner, and that he should have got more marks; and (c) The key-answers so far as this petitioner is concerned are incorrect in respect of question Nos. 54 and 71 in Chemistry and question No, 81 in Physics-in that for question No. 71 in Chemistry there are more than one correct answer and in respect of other questions pointed out the key-answers were wrong. Mr. K.D. Sood, learned Counsel appeared for the petitioners in C.W.P. No. 291 of 1999, Mr. B.B. Vaid, learned Counsel, appeared for the petitioner in C.W.P. No. 299 of 1999 and Mr. R.K. Bawa, learned Counsel, appeared for the petitioner in C.W.P. No. 348 of 1999. 5. Before considering the question relating to the alleged incorrectness of the key-answers, it would be appropriate to deal with the other issues raised for the petitioners. The learned Counsel for the petitioners, while adverting to the allegations made about the violation of the instructions and consequent valuation and according marks to candidates, who not only used as against the requirement of capital letters, the small alphabets and used erasure and led pencil, strongly contended that such procedure adopted being in violation of the instructions contained in the prospectus vitiates the assessment of merit and their should be a direction for re-assessment of the marks once over again of all candidates in the light of the instructions. The petitioners in CWP No. 291 of 1999 have merely made an averment that the instructions in this regard have been violated by valuing such answers and granting marks in respect of the same. The petitioners in CWP No. 291 of 1999 have merely made an averment that the instructions in this regard have been violated by valuing such answers and granting marks in respect of the same. So far as the petitioner in CWP No. 348 of 1999 is concerned, it was claimed that the instructions relating to the above matters are binding and candidates who have failed to comply with such instructions are not entitled to have the answer-sheets assessed and accorded marks and that grave prejudice has been caused to the petitioner and other similarly situated, who have, according to them, followed the instructions strictly while giving answers to the question only in ink pen. The prejudice, according to the petitioner, being that those who have marked their answer-sheets with led pencil, have ample chances to erase or change the answers till the last time before leaving the examination hall. The learned Counsel appearing also contended in elaborating those submissions that such deviation, if permitted, should have been for every one and it should not be for one or the other of the candidate only. It may be noticed at this stage that in the reply of the University filed in CWP No. 291 of 1999, it has been stated that the candidate with roll number 1045 did commit a lapse by marking in the answer script the small letter d instead of capital letter D and though this lapse was condoned, resulting in increase of mark, he did not reach anywhere in the selection range and, therefore, no prejudice could be said to have been caused to any one on this account. First of all, the allegations in this regard are too general and vague and proceeds on hypothetical basis and conjectures allowing imagination to prevail with an object for fishing out the material to find fault with the method of valuation. Further, as long as it is not the case of the petitioners that any one particular individual alone has been given such a benefit and denied to the petitioners of an equal treatment or benefit, the petitioners could not make out any legal grievance or substantial point in this regard. Further, as long as it is not the case of the petitioners that any one particular individual alone has been given such a benefit and denied to the petitioners of an equal treatment or benefit, the petitioners could not make out any legal grievance or substantial point in this regard. That apart, we find that in the absence of any binding force of such instructions in the prospectus they should be considered to be only directory without any penal consequences and at any rate when the authorities have chosen to waive it in the teeth of the fact situation, such a lapse cannot be said to be so grave or fundamental and vital in nature to undermine the propriety or correctness of the answers given and that it is not also shown to be violative of any fundamental principles governing public examinations and public interest. Consequently, we see no merit in this grievance projected on behalf of the petitioners. 6. So far as the second petitioner in CWP No. 291 /99 is concerned, admittedly, she submitted her application for Combined Pre-Medical Entrance Examination as a General candidate and, therefore, it is not permissible for the said petitioner to assert a claim in this Court, viz-a-viz, a reserved category. From the application it is found that not only she had scored out the alternates relating to various categories of reservation and allowed the printed word General to remain, but seperately and specifically has written in hand as General also. It is not the initial lapse alone that matters but so far as her case is concerned, she did not assert her claim either before taking the examination or immediately after the examination but only after final declaration of the results on 23.7.99 the father of the petitioner submitted a letter of the petitioner to the Vice-Chancellor staking a claim for reserved seat just after the declaration of the results on 23.7.1999 and not on 24.7.1999 as alleged. From the original of the application submitted, we find an endorsement on the same to the effect that after the test no change is permissible and it is stated to have been made on that day itself. Therefore, the second petitioner cannot claim any benefit to get relief in her favour as an S.C. candidate. From the original of the application submitted, we find an endorsement on the same to the effect that after the test no change is permissible and it is stated to have been made on that day itself. Therefore, the second petitioner cannot claim any benefit to get relief in her favour as an S.C. candidate. Inasmuch as the 2nd petitioner was obliged by column No. 8 in the application Form No. 1 to specify one or the other of the reserved categories and yet she has omitted to do so and instead specifically and categorically specified as General she had to suffer if at all on her own lapse, which is serious in nature and this Court cannot allow her at this stage to change her class of application to the detriment of other candidates. Hence, this grievance so far as the second petitioner in C.W.P. No. 291 of 1999 is concerned, also has to fail and shall stand rejected. 7. The remaining contention, which is common in respect of all the three writ petitions is about the alleged incorrectness in respect of the key answers to certain questions. So far as the petitioners in CWP No. 291/99 are concerned, the challenge was in respect of question Nos. 54 and 71 in the subject of Chemistry, question No. 81 in the subject of Physics and question No. 15 in the subject of Biology. So far as the petitioner in CWP No. 299 of 1999 is concerned, the challenge was in respect of key-answers relating to question Nos. 36, 59 and 81 in the subject of Physics, question No. 15 in the subject of Biology and question Nos. 12 and 48 in the subject of Chemistry. 8. At the time of hearing, learned Counsel for the petitioner in this writ petition (CWP No. 299 of 1999) did not pursue the challenge made in respect of question No. 48 in the subject of Chemistry. So far as the petitioner in CWP No. 348 of 1999 is concerned, the challenge is in respect of key-answers to questions No. 54 and 71 in the subject of Chemistry and question No. 81 in the subject of Physics. So far as the petitioner in CWP No. 348 of 1999 is concerned, the challenge is in respect of key-answers to questions No. 54 and 71 in the subject of Chemistry and question No. 81 in the subject of Physics. It could be seen, therefore, that question No. 81 in the subject of Physics was subject of challenge in common by all the petitioners and so far as the petitioner in CWP No. 348 of 1999 is concerned, he did not challenge the correctness of any key-answer in the subject of Biology but confined his challenge to question Nos. 54 and 71 in the subject of Chemistry, in addition to one question in Physics. So far as in CWP No. 299 of 1999 is concerned, the learned Counsel while projecting his challenge to the questions in respect of which the challenge made as noticed above, specifically stated that, in the subject of Chemistry he would not join hands with the other petitioners to challenge the correctness of key-answers to questions No. 54 and 71 and that in his view those questions have been answered and valued properly, according to key-answers for the petitioner in that case. 9. It will be useful to refer to the questions and key-answers as also the claims of the petitioners before undertaking a consideration of the same. "CHEMISTRY" QUESTION No. 54:— Reducing agent elements are: (A) Located in lower right part of the period. (B) Located in upper right part of the period. (C) Located in upper left part of the period. (D) Located in lower left part of the period. The key-answer given to this question is D by the University, whereas, according to the petitioners, the correct answer is ‘C’ QUESTION No. 71:— Incorrect statement is; (A) The rate of reaction increase 5 fold for 10 K. rise in temperature. (B) In the case of solid reactant the rate speed up on increase of the surface. (C) Rate and order of a reaction can be different. (D) Half life in the first order can depend upon the initial concentration. The key-answer given to this question is D by the University, whereas, according to the petitioners, the correct answer is A." At the time of hearing, learned Counsel for the petitioners gave a note and reiterated that according to the petitioners, both A and D are to be held incorrect. The key-answer given to this question is D by the University, whereas, according to the petitioners, the correct answer is A." At the time of hearing, learned Counsel for the petitioners gave a note and reiterated that according to the petitioners, both A and D are to be held incorrect. So far as CWP No. 299 is concerned, question Nos. 12 and 48 alone were the subject matter of challenge, which read as follows: QUESTION No. 12:— At room temperature, the stable allotrope of Phosphorus is: (A) White Phosphorous (B) Red Phosphorous (C) Black Phosphorous (D) A mixture of white and black phosphorous. According to the University, the correct key-answer is B\ whereas, according to the petitioner the correct answer is C’ QUESTION No. 48:— Crude oil is largely made up of (A) Aromatic hydrocarbons (B) Organic compounds of sulphur (C) Organic compounds of Nitrogen (D) Aliphatic hydrocarbons. According to the University the correct answer is B, whereas, according to the petitioner the correct answer is ‘D’ PHYSICS QUESTION No. 81:— That light is an Electromagnetic wave was first shown by: (A) Bose (B) Marconii (C) Maxwell (D) Hertz According to the University, the correct answer is C’ whereas, according to the petitioner, the correct answer is ‘D’ QUESTION No. 36 :— A spherical body has the terminal velocity V which/falling through a Viscous medium. If the radius of the body is doubled, the terminal velocity would be : (A) V/2 (B) V (C) 2 V (D) 4 V According to the University, the correct answer is A, whereas, according to the petitioner the correct answer is ‘D’ QUESTION No. 59:— Ohms law is stated by: (A) R = V I (B) V = R I (C) I - VR (D) None of the above, According to the University, the correct answer is B, whereas, according to the petitioner, the correct answer is D. BIOLOGY QUESTION No. 15 :— The tallest tree is : (A) Eucalyptus (B) Ficus benghalensis (C) Sequio (D) Pinus According to the University, the correct answer is A, whereas, according to the petitioners, the correct answer is ‘C’ 10. Before undertaking a consideration of the contentions in . Before undertaking a consideration of the contentions in . respect of individual questions, it would be necessary to advert to the legal submissions made by the learned Counsel appearing on either side as to the extent and manner of challenge that could be made with reference to the correctness or otherwise of the key answers adopted in an objective type test or examination by multiple choice. The question came up for consideration before their Lordships of the apex Court first in the decision reported in (1983) 4 S.C.C. 309 (Kanpur University, through Vice-Chancellor and others v. Samir Gupta and others). It is observed therein as follows: "16. Shri Kacker, who appears on behalf of the University, contended that no challenge should be allowed to be made to the correctness of a key answer unless, on the face of it, it is wrong. We agree that the key answer should be assmed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well-versed in the particular subject would regard as correct. The contention of the University is falsified in this case by a large number of acknowledged text books, which are commonly read by students in U.P. Those text-books leave no room for doubt that the answer given by the students is correct and key answer is incorrect. 17. Students who have passed their Intermediate Board Examination are eligible to appear for the entrance Test for admission to the medical colleges in U.P. Certain books are prescribed for the Intermediate Board Examination and such knowledge of the subjects as the students have is derived from what is contained in those text-books. These text-books support the case of the students fully. If this were a case of doubt, we would have unquestionably preferred the key answer. But if the matter is beyond the realm of doubt, it would be unfair to penalise the students for not giving an answer which accords with the key answer, that is to say, with an answer which is demonstrated to be wrong. 18. If this were a case of doubt, we would have unquestionably preferred the key answer. But if the matter is beyond the realm of doubt, it would be unfair to penalise the students for not giving an answer which accords with the key answer, that is to say, with an answer which is demonstrated to be wrong. 18. If the State Government wants to avoid a recurrence of such lapses, it should compile under its own auspices a textbook which should be prescirbed for students desirous of appearing for the Combined pre-Medical Test, Education has more than its fair share of politics, which is the bane of our Universities. Numerous problems are bound to arise in the compilation of such a text-book for, various applicants will come forward for doing the job and forces and counter-focrces will wage a battle on the question as to who should be commissioned to do the work. If the State can succeed in over-coming those difficulties, the argument will not be open to the students that the answer contained in the test-book which is prescribed for the Test is not the correct answer. Secondly, a system should be devised by the State Government for moderating the key answers furnished by the paper-setters. Thirdly, if English questions have to be translated into Hindi, it is not enough to appoint an expert in the Hindi language as a translator. The translator must know the meaning of the scientific terminology and the art of translation. Fourthly, in a system of multiple choice objective type test, care must be taken to See that questions having an ambiguous import are not set in the papers. That kind of system of examination involves merely the tick-marking of the correct answer. It leaves no scope for reasoning or argument. The answer is yes or no. That is why the questions have to be clear and unequivocal. Lastly, if the attention of the University is drawn to any defect in a key answer or any ambiguity in a question set in the examination, prompt and timely decision must be taken by the University to declare that the suspect question will be excluded from the paper and no marks assigned to it." 11. Lastly, if the attention of the University is drawn to any defect in a key answer or any ambiguity in a question set in the examination, prompt and timely decision must be taken by the University to declare that the suspect question will be excluded from the paper and no marks assigned to it." 11. In (1984) 2 S.C.C. 319 (Abhijit Sen and others v. State of U.P. and others), while relying upon/the earlier decision, their Lordships of the apex Court have further held as follows: "1...........Suffice it to say that this Court has expressed therein a clear and categorical view that if the key answer (i.e. the answer which the paper-setter has supplied to the University as the correct answer and which has been fed into the computer) is shown to be demonstrably wrong, that is to say, such as no reasonable body of men well versed in the particular subject would regard it as correct and if the answer given by a student is correct if regard be had to acknowledged text-books or books which the student was expected to read and consult before appearing for the test it would be unfair to penalise the student for not giving an answer which is demonstrated to be wrong. The contentions raised in the instant appeals will have to be considered within these parameters indicated in the judgment. 2..............Counsel urged that since the Court was embarking upon a course of finding out and determining the correct answer having regard to the recognised text-books or authoritative books on the subject it would be immaterial whether the key-answer supplied by the paper-setter was found to be wrong, not being in conformity with the correct answer determined by the Court but the appellants would not be entitled to addition of four marks unless their answers were in confirmity with the correct answers found by the Court. In other words according to counsel for the respondents if a situation was reached where both the answers, namely, the one given by the appellants as well as the key-answer supplied by the paper-setter, were found to be wrong with reference to the correct answer as determined by the Court the appellants should not succeed. In other words according to counsel for the respondents if a situation was reached where both the answers, namely, the one given by the appellants as well as the key-answer supplied by the paper-setter, were found to be wrong with reference to the correct answer as determined by the Court the appellants should not succeed. We think there is considerable force in this last submission made by the counsel for the respondents." Reliance has also been placed on certain observations contained in the decision reported in (1984) 4 S.C.C. 27 ( Maharashtra State Board of Secondary and Higher Secondary Education and another v. Paritosh Bhupesh kumar Sheth and others) at paragraph 29, which read as follows : "29. Far from advancing public interest and fair play to the other candidates in general, any such interpretation of the legal position would be wholly defeasive of the same. As has been repeatedly pointed out by this Court, the Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day-to-day working of educational institutions and the departments controlling them. It will be wholly wrong for the Court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities and grass root problems involved in the working of the system and unimindful of the consequences which would emanate if a purely idealistic view as opposed to a pragmatic one were to be propounded.- It is equally important that the Court should also, as far as possible, avoid any decision or interpretation of a statutory provisions, rule or bye-law which would bring about the result of rendering the system unworkable in practice. It is unfortunate that this principle has not been adequately kept in mind -by the High Court while deciding the instant case.” Since the learned Counsel for the petitioners sought to rely upon several books to support their contentions and the learned Counsel for the University relied upon clause 5.2 in the prospectus and the letter of the Himachal Pradesh University to the paper-setters filed as Annexure S/l as to the books that could be relied upon for adjudging the issues, it becomes necessary to advert to the same at the first instance. Clause 5.2 reads as follows: "5.2 The examination shall consist of written papers only in the subjects of Physics, Chemistry (including Organic Chemistry) and Biology in accordance with the syllabi of studies of the academic session according to which the 10+2 (includes 11th and 12th Class) examination was conducted by the Himachal Pradesh Board of School Education in the year of competitive examination concerned, there shall be one written paper in each subject. The medium of examination shall be English. The question papers will be objective (MCQ) type." 12. The courses of study and syllabi as prescribed and published by the Himachal Pradesh Board of School Education for 11th and 12th classes have been referred to and strong reliance is placed for the indication made at the end of the subject syllabiwise that the books prescribed are those published by NCERT. In addition to this reliance is also placed on the letter of the University addressed to the paper-setters, wherein reference has been made to the syllabus as also to the books with reference to which the paper-setters must refer in approving question papers, which reads as follows : "4. The paper has to be set strictly in accordance with the syllabus of 10+2 (including 11th class) of H.P. Board of School Education added at Annexure E and that the questions are to be distributed with some uniformity over the whole range of the subjects contained in the syllabus. The names of the books prescribed by the H.P. Board of School Education have been given in the syllabus. For your guidance and convenience a copy of an objective type (MCQ) Question Paper set for 1998 test is enclosed herein as Annexure F\ This question paper indicates the general standard of the examination but for the courses of study, the reference has to be made to the copy of the syllabus that has been enclosed. All the objective type test questions be set on the basis of prescribed text books made known to the examinees in advance so that in case of a bona fide dispute to the correctness of a model answer can be resorted to at our University level. 5. The maximum time should be of 2(two) hours and 100 MCQ (objective type) questions are to be set carrying the value of one mark each and not of fraction like V2, IV2 and 2Mz etc. 5. The maximum time should be of 2(two) hours and 100 MCQ (objective type) questions are to be set carrying the value of one mark each and not of fraction like V2, IV2 and 2Mz etc. The name of the book be also mentioned against each key answer in order to help the University to resolve any ambiguity and dispute of any question and its key answer. It may please be ensured that no question should be ambiguous, has double answer, wrong answer and should have a specific one choice only as some students in previous years challenged the questions in the Court for their ambiguity and their wrong key answers. 6. You are also requested to prepare one box against the four options of each question and the candidates may be asked to put the Answer in the box by indicating A or B or C or D in the capital letters only. The answer given in other than the specified capital letters will not be marked. The necessary instructions may be given on the top of the Question Paper. There would be no negative marking." 13. We have carefully considered the submissions of the learned Counsel appearing on either side, in this regard. The entrance examination is meant for students, who have undergone 10+2 studies and, therefore, it should be of that standard and the expected equipment in respect of the proficiency in the subject, which the students undergoing such studies were able, to have on the subjects concerned. It is in this connection, the judgments of their Lordships of the apex Court and the observations contained therein need emphasis. Apparently, on account of this only specific instructions appear to have been given to the paper-setters with sufficient indication about the standard of questions and books to be used by the paper-setters. As noticed earlier, the answers should be such as are found in the standard and acknowledged text-books, which are commonly read by students and those prescribed for the qualifying examinations. As noticed earlier, the answers should be such as are found in the standard and acknowledged text-books, which are commonly read by students and those prescribed for the qualifying examinations. The key answer should be, as enjoined by their Lordships, presumed to be correct unless it is proved to be incorrect and that it should not be held to be incorrect by an inferential process of reasoning or by a process of rationalisation and it must be clearly demonstrated to be wrong to the extent that no reasonable body of men well-versed in the particular subject would regard the same as correct. From the manner of exercise the learned Counsel for the petitioners have undertaken in this case before us, we are constrained to place on record that the attempt appears to be either to demonstrate that the information or the contents in the prescribed and approved textbooks itself are not correct or that it is not the complete one by relying upon some books published by foreign authors or some specialists which we may even point out would be beyond the reach of even a graduate or post-graduate student. The further attempt appears to be to show that the questions admit of more than one correct answer and that they also suffer the vice of ambiguity, besides being tricky and doubtful. In order to substantiate such a stand, the learned Counsel, in our view, virtually attempted before us, what has been held to be not permissible even by their Lordships of the apex Court, "that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation". It is also relevant and pertinent to point out that their Lordships of the apex Court, in condeming the key answers in those cases placed reliance mainly on the prescribed Text-books which the students were normally and ordinarily expected to read. 14. Now, we proceed to undertake individual consideration of the challenge with particular reference to specified questions. BIOLOGY Question No. 15: The question has already been set out supra. The respondent-University has justified its key answer to be A with reference to the information contained from the book-Biology Class XI- Part I, by M. Majumdar, D. Das and H.Y. Mohan, Das, published by NCERT at page 45, wherein it is found stated as follows : "1. The worlds tallest tree is Eucalyptus regnans. The respondent-University has justified its key answer to be A with reference to the information contained from the book-Biology Class XI- Part I, by M. Majumdar, D. Das and H.Y. Mohan, Das, published by NCERT at page 45, wherein it is found stated as follows : "1. The worlds tallest tree is Eucalyptus regnans. Its recorded height is 114 m (375 ft.). The Californian coast redwood (Sequoia Sempervirens) is 111 m tall (366 ft.)." Reliance has been placed by the learned Counsel for the petitioners on the statement contained in the Preface to the book that the items of biological interests have been put in boxes in the text to arouse curiosity and thus not to be counted as contents for examinations, to which the learned Counsel for the University would reply that it is only meant for the examination of Class XI and not for the examinations of the nature with which we are concerned. Besides, reference is also made to the information contained in the book of Biology- Class XI, Part II, at page 236. The information contained with reference to the family of angiosperm growth patterns referring to eucalyptus tree to be nearly 100 m tall cannot be relevant and be an effective substitute to contend that eucalpytus is not the tallest tree with 114 m height as contained in the material relied upon by the University. The Counsel for the petitioners tried to place reliance upon the following books:— 1. The International Book of the Forest published by Simon and Schuster-The information given under the Chapter the oldest and tallest trees stating "The tallest trees in the world are the Coast red woods-Sequpia Sempervirens." 2. The Encyclopaedia Britininica- Vol. 18 (15th Edn.) page 689: "The Tallest trees are Pacific Coast Red woods (Sequoia Sempervirens) specimens of which exceed 350 feet (105 metres) in height, in an impressive grove in Redwood Creek Valley, California...The next tallest trees are the Australian mountain ash (Eucalyptus regnans) specimens of which in Victoria, Australia exceed 300 feet (90 metres), the greatest heights known for nonconiferous trees." 3. The Year Book (Competition Success Review - 1999, page 255- "Trees (Tallest (living)- "Coast Redwood" in Redwood National Park, California, U.S.A." 4. The Year Book (Competition Success Review - 1999, page 255- "Trees (Tallest (living)- "Coast Redwood" in Redwood National Park, California, U.S.A." 4. The Guinness Book of Records for the year 1999 gives the information at page 238 as follows: "Tallest trees : The tallest tree standing today is the " Mendocino Tree," a coast redwood (Sequoia Sempervirens) at Montgomery State Reserve in California. In 1996, it was 367 ft. 6 in. in height with a diameter of 10 ft. 4 in. It is estimated to be about 1,000 years old. A Eucalyptus regnans found at Mt. Baw Baw, Victoria, Australia is believed to have been 470 feet tall when it was measured in 1885. The tallest tree ever measured was an Australian eucalyptus at Watts River Victoria, Australia. Reported by forester Willian Ferguson in 1872, the tree was 435 feet tall and was almost certainly more than 500 feet in height when it was measured originally." 15. In our view, the answer that the worlds tallest tree is Eucalyptus regnans is the correct answer having regard to the said information found in the authorised and prescribed Test-book and that at any rate it could not be said to be the wrong answer, particularly in view of the nebulous and varying materials giving imcomplete information in the various other books noticed above. The claims of the petitioners to the contrary cannot be countenanced. PHYSICS QUESTION NO. 36. The question has already been set out supra. In order to justify the key answer to be A and not D as claimed for the petitioners, reliance has been placed at the time of hearing upon the book-Physics-Class XI, Part II - a textbook for Class XI, published by NCERT page 235, the relevant portion of which, reads as follows : "Now if the substance of the sphere has a mass density p, m = (4?a3/3)p and we have v = {(4?/3)a3p} g/6?an = (2/9) {(a2 pg)/n} (10.22) So the terminal velocity depends on the square of the size of the sphere and inversely on the viscosity of the medium. You might want to find out the terminal velocity of a ball bearing say of radius 0.2 cm. You might want to find out the terminal velocity of a ball bearing say of radius 0.2 cm. in machine oil, or the size of a parachute such that on falling through air the terminal velocity is not dangerously large: (Of course a parachute is not a sphere so the estimate would be rather crude)." The learned Counsel for the petitioner, while trying to explain the process pointed out, that even the paper-setter has given the correct key answer to be T) only and that the moderators only have changed it to A, the learned Counsel for the University explained the justification for altering the correct key answer to be A stating that the experts on the subject who constituted the committee for moderation, whose right and duty it was to correct even any error committed by the paper-setter, has rightly corrected the key answer even before the examination and submitted the process by which the moderation expert committee fixed such answer, at the time of hearing. The same is as follows : "Why response A is correct becomes clear from the solution given below : Soln. Initial Mass of the body - Final Mass of the body. Let p body and p1 body be the denisities of the body when its radius is r and 2 r respectively. Initial Mass = 4?/3 r3 ? body Final Mass = 4?/3 (2r)3 ? body So 4?/3 r3 ? body= 4?/3 8r3 ? body ?1 body= ? body/8 New terminal velocity V of a body of radius r falling freely in a viscous medium is given by relation V = 2/9 r2/n— (? body - ? medium) g where n = viscosity of the medium g = acceleration due to gravity ? body = density of the body, ? medium = density of medium ? medium = is much much smaller than ? body and can be neglected in comparison to ? body So the terminal velocity of the body when its radius is r is givey by V = 2/9 r2/n ? body g (A) Let the terminal velocity of the body when its radius is doubled by V1 and then V is given by V1 = 2/9 (2r)2/n ? body g (B) Dividing (A) by (B) V/V1 = 2/9 r2/n ? body g / 2/9 4r2/n ? body g/8 =2/1 V1 = V/2 Sd/- Sd/- (Prof S.P. Sud) (Dr. body g (A) Let the terminal velocity of the body when its radius is doubled by V1 and then V is given by V1 = 2/9 (2r)2/n ? body g (B) Dividing (A) by (B) V/V1 = 2/9 r2/n ? body g / 2/9 4r2/n ? body g/8 =2/1 V1 = V/2 Sd/- Sd/- (Prof S.P. Sud) (Dr. P.K. Ahluwalia) Deptt. of Physics Deptt. of Physics HPU, Shimla-5. HPU, Shimla-5." 16. We are prepared to agree with the explanation given for the University that the question has to be understood with real emphasis to the body and if so done it should be that when the radius of the body is doubled, its density should also change so as to keep the mass of the body same and consequently A1 has been rightly selected to be the correct key answer. QUESTION NO. 59:—The question has already been set out supra. In order to justify the key answer to be D and not B, the learned Counsel for the petitioner has placed reliance upon the Book-Fundamentals of Physics-Fourth Edn. by David Halliday, Robert Resnic and Jearl Walker at page 776, the relevant portion of which reads as follows : "A conducting device obeys Ohms law when its resistance is independent of the magnitude and polarity of the applied potential difference. Modern microelectronics - and therefore much of the character of our present technological civilization-depends almost totally on devices that do not obey Ohms law. Your pocket calculator for example is full of them. It is a common error to say that Eq. 28-8 (V-Ri) is a statement of Ohms Law. Not true This equation is simply the defining equation for resistance and applies to all conducting devices, whether or not they obey Ohms law. The essence of Ohms law is that a plot of i versus V is linear; that is, the value of R is indpendent of the Value of V. We can also express Ohms law in a more general way if we focus on conducting materials rather than on conducting devices. The relevant relation is Eq. 28-11 (E = pJ), .which is the analog of Eq. The relevant relation is Eq. 28-11 (E = pJ), .which is the analog of Eq. 28-8 (V=Ri)." The answer fixed by the University as B is, in our view, correct in terms of the infomration contained in a Textbook of Physics Volume-II Part I, published by NCERT at page 102, which reads as follows: "3.3.1 Ohms law In 1828, Georg Simon Ohm, a German physicist, found that for many substances, the elctrical current I flowing through them is proportional to the voltage V across their ends. This empirical relation V < I is called Ohms law. The constant of proportionality, called the resistance and given the symbol R, is independent of V or I, but depends only on the substance its shape and size. Thus Ohms law is V = RI. As mentioned above, the unit of resistance, (volt per amphere) is given a separate name, Ohm and a symbol Q." QUESTION NO. 81 The question has already set out supra. To support the stand of the petitioner that the correct answer is D, the book published by the NCERT on Physics. Volume II-Part II, pages 348 and 349 are relief upon, which are as follows : "page 348 Hertz, Heinrich Rudolf (1857-1894) German physicist who was the first to broad-cast and receive radio waves. He produced electromagnetic waves, sent them through space, and measured their wavelength and velocity. He showed that the nature of their vibration, reflection and refraction was the same as that of light and heat waves, establishing their identity for the first time. He also pioneered research on discharge of electricity through gases, and discovered the photoelectric effect." "page 349 Simple and common observations such as the shape, size and sharpness of shadow-led to the idea of rays of light. Newton tried to understand travel of light in a straight line, reflection, and refraction assuming that it was made up of particles. However, starting from the seventeenth century, new kinds of behaviour of light were discovered experimentally. These could not be understood using simple particle ideas, but needed the assumption of waves. Later, in the nineteenth century, the study of electricity and magnetism led to Maxwells idea of electromagnetic waves. These were experimentally verified by Hertz (Chapter 9 of this book). It was realised by Maxwell and Hertz that visible light is also made up of waves of this kind. Later, in the nineteenth century, the study of electricity and magnetism led to Maxwells idea of electromagnetic waves. These were experimentally verified by Hertz (Chapter 9 of this book). It was realised by Maxwell and Hertz that visible light is also made up of waves of this kind. The wavelength varies from 390 nm (3.9 x 10~7m) for violet to 760 nm (7.6 x 10" 7m) for red." Per contra, the University has placed reliance upon a book published by NCERT, which is stated to be a text-book for Senior Secondary Classes, Volume II, Part II for Class XII, wherein it is found stated at page 229 as follows : "9.3 A brief history of the observation of electromagnetic waves. Maxwells theoretical prediction of electromagnetic waves in 1865 had to wait for more than twenty years before Hertz in 1888 succeeded in experimentally confirming their existence. We have already seen that an oscillating electric charge radiates out electormagentic radiation." From these materials, we find that the discovery and finding that light propagates in the form of electro-magnetic waves was by Maxwell only and Hertz only demonstrated it in the laboratory by practical application. The question, in our view, must and has to relate to initial discover of the theory and, therefore, the key answer fixed by the University to be *C cannot be said to be in any manner either incorrect or so erroneous to call for our interference. CHEMISTRY QUESTION NO, 12.—The question has already been set out supra. So far as this question is concerned, according to the University, the correct answer is T3 whereas, according to the petitioner the correct answer is *C\ Reliance is placed for the petitioners in CWP No. 229 of 1999 on a book-Advanced Inorganic Chemistry published by Cotton and Wilkinson, the relevant portion of which at page 490 reads as follows : "Red phosphorus is made by heating white P at 400° for several hours. Its nature remains to the present time uncertain. At least six modifications are thought to exit. Black P is obtained in crystalline form by heating white P either under very high pressure or at 220-370° for 8 days in the presence of mercury as a catalyst and with a seed of black P. This form is the only one for which the structure has been established in detail. At least six modifications are thought to exit. Black P is obtained in crystalline form by heating white P either under very high pressure or at 220-370° for 8 days in the presence of mercury as a catalyst and with a seed of black P. This form is the only one for which the structure has been established in detail. It consists of corrugated sheets, each P atom being bound to three neighbors (Fig. 20-1). The atoms in adjacent layers are more weakly bound than are the atoms within a layer and the crystals are therefore flaky, like graphite." So far as the University is concerned, reliance is sought to be placed on a Text-book of Chemistry, Class Xl-Part II at page 361, which reads as follows : "Phosphorus exhibits allotropy. In addition to white phosphorus, there are two other allotrops. RED PHOSPHORUS and BLACK PHOSPHORUS. Red phosphorus is obtained by heating white phosphorus at 540-570 K out of contact with air for several hours. It is less reactive and less soluble than white phosphorus. Red phosphorus has a polymeric structure as shown in Fig. 13.3. At room temperature the stable modification of elemental phosphorus is the red allotrope. Black phosphorus is made by heating white phsophorus to 470 K under high pressure. Black phosphorus exists in three crystalline and one amorphous form. Only at temperatures greater than 1070 K, Phosphorus Vapur dissociates to give P2 molecules. This behaviour may be compared with the extreme stability of dinitrogen at room temperature (Can you suggest why?)" Since the question is specific with reference only to room temperature, the stand taken for the University alone has to be correct and not the one taken for the petitioner and this is made clear from the relevant material relied upon by the University. QUESTION No. 48 The challenge projected in the petition with reference to key answer to the question has not beeh pursued at the time of hearing. QUESTION No. 54.—The question has already been set out supra. As against the claim of the University that the correct answer is D, the learned counsel on behalf of the petitioners placed reliance upon a book-Modern Approach to Chemistry (Moderns abc of Chemistry) by Dr. S.P. Jauhar and S.K. Malhotra-Volume-II for Class XII published by Modern Publishers. QUESTION No. 54.—The question has already been set out supra. As against the claim of the University that the correct answer is D, the learned counsel on behalf of the petitioners placed reliance upon a book-Modern Approach to Chemistry (Moderns abc of Chemistry) by Dr. S.P. Jauhar and S.K. Malhotra-Volume-II for Class XII published by Modern Publishers. It has been explained by relying upon tables 10.1 and 10.2 in the text book of Chemistry for Class XII, Part II, at pages 224, 226 and 227, published by NCERT and the relevant portion at page 227 which reads as follows: "10.1.1 Chemical Properties of Alkali Metals. Alkali metals readily attain the +1 oxidation state because of the presence of a single s-electron in their valence shell. The facile loss of an electron makes them strong reducing agents as shown by the large negative values of their reduction potentials (see Table 10.1). Thus they react with compounds containing acidic hydrogen atoms such as water, alcohol or acetylene." 17. If the matter is adjudged on the basis of the question which has particular reference to plurality of elements and ionisation energy as disclosed in tables 10.1 and 10.2, it is clear that the elements Ca and Ba having the lowest ionisation energy make the electrons easily available and also got highly electrons potential and, therefore, the easy availability of the electrons in these elements justify the key answer that the elements located on the lower left part of the period are better supplier of electrons being better reducing agents. Hence, the key answer of the University cannot be said to be incorrect. QUESTION No. 71 : The question has alreay been set out supra. At the time of arguments, it has been submitted for the petitioners that though the University has adopted the correct key answer to be ‘D’ it should be that both the statements contained in A as well as T) are correct answers, both of them being incorrect statements. Reliance has been placed in support of the said claim on behalf of the petitioners on the following material : "(i) page 37 of the paper book, wherein extract from pages 453 of Modern Approach to Chemistry by Dr. S.P. Jauhar has been attached. (ii) page 38 of the paper book, wherein extract from pages 354 and 355 of objective chemistry by Dr. S.P. Jauhar has been attached. (ii) page 38 of the paper book, wherein extract from pages 354 and 355 of objective chemistry by Dr. O.P. Aggarwal has been placed also see page 466 of the Book Q. No. 13 & page 350 of the Book." Whereas, the University sought to justify its stand with reference to text book of Chemistry, Class XI, Part II, publised by NCERT, page 317 and Class XII, Part II, page 301. The relevant portion at page 317 relied upon is as follows: "This predicted change is much smaller than the two-to fivefold increase in reaction rates observed in most reactions for an increase of 10K in temperature near 300K. We therefore, conclude that increase in the rate of encounters is not the only thing that affects the rate of reaction when the temperature of the reaction is increased." The relevant passage at page 301 of the book relied upon is as follows : "The half-life period which is inversely proportional to the disintegration constant (A,), is thus independent of the amount of radioactive element initially present. The extent of decay of any radioactive element is independent of temperature, pressure, and other physical conditions." The relevant portion at pages 452 and 453 of the book Modern Approach to Chemistry, relied upon by the petitioners in CWP No. 291/99 is as follows : "Thus, the rate of reaction is proportional to (a) the number of collisions per volume per second (collison frequency, z) between the reacting molecules. (b) the fraction of effective collisions (properly oriented and possessing sufficient energy), f : i.e. Rate = dx/dt - f x z Explanation for Increase in Rate of Reaction with Rise in Temperature According to the collision theory of chemical reactions, the rate of a reaction depends upon collision frequency (Z) and fraction of effective collisions (f). Obviously, we may think that the increase in rate of a reaction with temperature is brought about by either of the two or a combination of both factors." So far as the claim of the petitioner is concerned, a careful perusal and appreciation of the respective materials would go to show that ‘D is the most outrightly an incorrect statement and statement at A’ cannot be considered to be an equally efficacious and correct answer of an incorrect statement of the position. 18. 18. We have had the benefit of some of the professors, who are on the Expert Moderation Committee to appear before the Court and explain the stand in the presence of the counsel at the time of hearing by making submissions in the nature of arguments supporting the stand of the University. It is only on account of that we were able to properly understand and appreciate all the questions in their correct perspective to accept the stand taken for the University in the matter of fixation of the correct key answers. Judicial review under Article 226 of the Constitution of India has often been held not to be used as an appellate jurisdiction or to review as if an appeal, the decisions on academic matters taken by Expert Bodies or persons by substituting the view of the Court to that of the Expert Body except in rarest of rare cases or for exceptional reasons. As indicated in the course of our judgment, no exception could be taken to any of the key answers fixed by the University, since those answers appear to have been fixed only with reference to materials available in the books published by the National Counsel of Educational Research and Training (NCERT), which are prescribed for the 10 + 2 courses of study in the Himachal Pradesh. Since the examinations are held for the purpose of according admissions in the Himachal Pradesh and the University has made it clear to the paper-setters as to the books to which they should have recourse in preparing the questions and key-answers, the authorities cannot be found fault with for adopting the prescribed Text-books, which as indicated earlier, are normally and ordinarily expected to be read by a large number of students in the various institutions under the control of the Board of Secondary Education within the State. Therefore, we have no hesitation to reject the challenge made by the petitioners to the key-answers fixed by the concerned authorities of the University who have conducted the entrance examination. 19. For all the reasons stated above, these writ petitions fail and shall stand dismissed. 20. Therefore, we have no hesitation to reject the challenge made by the petitioners to the key-answers fixed by the concerned authorities of the University who have conducted the entrance examination. 19. For all the reasons stated above, these writ petitions fail and shall stand dismissed. 20. At the initial stage, when the writ petitions came up for admissions, we made an interim direction that the counselling process will go on and that the actual letters of admissions alone will not be issued for the reason that if any one or more of the questions or key answers relating to them are incorrect, the benefit should enure not only for the petitioners but to all who have participated in the examination and there should have been re-evaluation of the answer-papers in the light of the ultimate conclusion that may be arrived out in the main writ petitions. But, inasmuch as we have sustained the stand of the University and come to the conclusion that none of the key answers challenged have been shown or substantiated to be incorrect. The direction given to keep in abeyance the issuance of the admission letters stand hereby vacated and to avoid further delay we permit the authorities to proceed with the further process of issuing of letters of admissions without waiting actually for the copy of the judgment. No costs. In view of the dismissal of the main writ petitions, all the Misc. applications are also dismissed. Petition dismissed.