Holding

If the answer key is demonstrably wrong and the candidate's answer aligns with recognized textbooks, the candidate is entitled to the benefit of the correct answer, but only where the candidate's answer is itself correct; otherwise no marks are added.

Summary

Four candidates who had failed to secure admission to MBBS courses challenged the answer key used in the Multiple Choice Objective Type Test conducted by Kanpur University. They argued that the key answers for two zoology questions were demonstrably wrong, and that their own answers, supported by recognized textbooks, should have earned them additional marks and admission. The Supreme Court examined whether a candidate could be penalised for following an answer key that is incorrect, and whether the court could intervene to correct the key based on textbook authority. For Question 31, the Court found that both the key answer and the candidates' answer were incorrect, so no marks were added. For Question 100, the Court held that the key answer was wrong because the question omitted the essential range parameter, making the candidates' answer (Alternative 4) correct, and therefore ordered admission for Sunita Khare. The other three appeals were dismissed.

Issues considered

Whether a candidate is entitled to additional marks and admission when the answer key supplied by the paper setter is demonstrably wrong.
Whether the court can override the answer key based on recognized textbooks and fairness considerations.
Whether the specific zoology questions (Q.31 and Q.100) were correctly answered by the candidates in light of the answer key and textbook authorities.

Legislation cited

U.P. State Universities Acts. 28

Subjects

AdmissionMedical CollegeMultiple Choice Objective TestAnswer KeyTextbook AuthorityFairnessU.P. State Universities ActSupreme Court

Judgment

• 983

ABHJJI'f SEN & ORS.
l .. A
v.

STATE OF U.P. & ORS.

December 6, 1983 B

(V.0. TULZAPURKAR AND SABYAS•CHI MUKHARJI, JJ.]

Constitution of India 1950, Articles 126 & 136.

Professional cuileges-Admission to-Entrance test he!d-'Key answer'
c
suppiied by paper-set/er to a question found wrong according to acknowledged
• text-book-Student whether to be penalised for not giving an ·answer, which
accords with 'key· a(lswer' - Court wheiher e_,ntitied ro deterndning the correct
ariswer-Student whether entitled lo ad111ission.

The appellants who were candidates seeking admission into the .M.B.B.S. D
Medical Colleges in the State, in their writ·petilions before the High Court, ass-
ailed thep~ocedure of implementing and carrying out the ·Multiple Choice Ob- .•
jCctive Type Test' \vhile holding the 'Combined P!e-Medical Test' for admission.

They alleged that the 'key an~we~· supplied by. the Paper setter to
question J'l~o. 31 in the Zoology PapCr (being A1ternative No, 2) ; E
"31. in the veqebrat~s Oxygen is translated bY the blood as follows:

, (I) Absorbed (Typographically wrongly typed as Absorbed) to the
surface of R.B.C.

(2) Combined with Hemoglobin to form a co~plex, F
(3) Dissolved in Plasma,

(4) In all the above ways."

G
was wrong and incorrect and that their· answer (by tiCking Alternative No. 4)
wes the correct answer according to recognised text-books. They therefore
contended that each one of them was entitled to an addition of 4-marks
(thrCe marks for giving· the answer, plus 1 mark which had been wrongly
deducted by treating their ariswers as wrong) and if such addition of 4-marks
was made each one of th~m was entitled to get admission. H
It was contenc;fed by the appellant in the connected appeal ·that with
regard to questiOn No. 100 in Zoology Paper :
984 ..
SUPREME COURT REPDRTS . • (1984) 1 s.c.a.•

' JOO.' A scount bee findiris a food· source communica!es to the other
A worker bees the Jocation of the food source-

· • (l) ca'n not comrilunica'te the direction of food source?

(2) Can communicate the direction of food so'urc; throµgh its
round da nee ?
B
(3) Can communicate the direction of food source throusb its
tail wagging dance 1

(4) Can communicate .. the· direction of food source ~hro\Jgh its
round dance as well as tail Wagging ,d8nce ?"
c
the •key-answer' supplied by the ·paper setter (being Alternative No. 3) was
cle::irly wrong.incOrrect while !he ans\ver 'given by the ·appellant. (by ticking
P!.tternative No. 4) was the correct answer according to· recognised text-boOks
and tlierefore she v.a$- entitled to afl-addition of four marks (3 for giving the
correct answer, plus_ -j ·mark \Vhich ~as wrongfy de'ducted by treating her·
D answer ~s incorrect) and on this baSis she would be entitled .to get the
·admission.

The University rejeCted their cases and the Hig~ Court dismissed their ·
writ petition. ·

In the appeals to this Court,
E
H.ELD : I. If the: •key-answer' (i.e. the ans.wer · which the paper-setter
has supplied to the University as the i;:orrCct answ~r and which has been fed
into the Computer) is shown to be demonstrnbly wrong,. that is to say~ such
."as no reasonable body of men well-versed in the. particular subject would
regard it a~-correct.a:nd if_ the answer 8:iven by a student is_eorrect if regard be
F had to acknowledged text-books or books which the student was expected to
·read a·nd consult b"efore appearing for· the test · it would be unfair to
penalise tl}e student for not giving an answer which accords with the key-
answer' that is.to say with an. answer which is demonslrated to be-wron~.
. [986 A-CJ

G In the fristant cases. both sides have relied upon·the passage at page 547
of th'e text.:book 'Medical Physiology• by Author C. Cuyton ; which on careful
reading reveals that bo~h the •key-answer' Supplied by the paper-setter as ~ell
as the answer given by the two appellants will have _to be regarded-. as· wrong.
!'!either of the appellants is therCfore entitled to an addition of 4-~arks. aS
suggested on their behalf. [988C, H, 9890]
. ~ .
H
2. The question set by the paper~tter viz. question NO. 100 mokCs no
reference whatsoever to any r'3.nge with reference to which the candidate is
ca1le~ uPoo to give an a~swer and in the absence of a'ny reference to ·the l:aoge;
• ,AfiiuJ1t SEN v. tl;P. STATE (TulzapuJkar, J.) ~.SS

a~cording to ·the passages in the text-books: 'BiologiCal Science' by William
H. Gregary and Edward H. Goldman and .'Special Organisation on Honey- A
:t>ees'·by Dr. V. Presser; Alternative :l\o. 4 would be the correct answer and
not Alternative No. 3 which had been supplied as 'key-answer' by the phper-
setter. It is a case of a tricky question being set by the paper-setter. where one
of the essential aspects nan1cly the_ ranke has not been indicated anywhere
in the question. The appellant ticked Alternative No. 4 tis being the correet
answer to the question. The appella'nt is ~ntitled to get adini&sion to the
·M.B.B.S. course .. [989E, 990/\., C, E, H, 991Al B
l.
Kanpur University & Ors: v. Samir Gupta and Ors. [1984l I S.C.R. 73
referred tO.
'
CIVIL APPELLATE JuRISD!CTTON Civil Appeal Nos. 4116
to 4119 ofl983. C
From the Jud.gment and Order. dated 24tn February; .1983 of
the High Court of Judicature at Allaqabad (Lucknow Bench) at
Lucknow in W.Ps. No. 7297, 4774. 5214 of 1982 ilnd •

R.K. Garg, .and A.K. Gupta, for the Appellants: D

rs. Shobha Dikshii for the Respondent.

The Judgment of the Court was delivered by

TULZAPURKAR; J. Civil Appeal Nos. 4092-4114/83 (Kanpur E
University & Ors. v. Sarni~ Gapta & Ors.) mid Civil Appeal .Nos.
4068-4091/83 (State of U.P. & Ors. v. Sarnir Gupta & Ors.(') were
disposed of by this Court by its Judgment dated September 27, 1983.
The instant'appeals by four failed students though connected with
the aforesaid appeals and arising out of a common. judgment of the
·Allahabad High Court dated 24·2·!982 could not, for some reasons,
F
be disposed of along wit]} the aforesaid appeals and have been
·assigned to this Bench. ·The defects, that emerged on record .in
impiementing and carrying out the 'Multiple Choice Objective Type
Test' while holding' a 'Combined Pre-Medical Test' which was done
pursuant to the orders issued by the State Government in that behalf
under s. 28 of.the U.P. State Universities Act, 197~ by the. Kanpur .
University "in 1982 for giving admission to the 7-Med,ical Colleges
in ·the State of Uttar Pradesh for the d983 session, have. been pointed
out, elaborately discussed and commented upoil' by this Court in its
judgment dated September 27, 1983 and therefore it is unnecessary
for us to dilate on those aspects o,f the matter .again while dispesing

(I) [1984] 1 S.C.R. 73;
, .. ,.

SUPRllMli COURT REPORTS U984l I s.c.il.
of the instant appeals. Suffice it to say that this Courr has expressed
A therein a clear and.categorial view that if the 'key-answer' (i.e. the
answer. which the papsr-setter has supplied to the University as the
correct answer and which has been fed into the Computer) is shown
to be demo~strably wrong. that is to say, such as no reasonable body
of men well versed in the particular subjec( would regard it as
correct and .if the answer gi~en by a student is correct if regard be
B had to acknowledged text-books or books which the student was ex·
pected to read and consult before appearing for the test it would be
unfair to penalise the student for not giving an answer which accords
with the 'key-answer' that is to say with an answer which is demons·
!rated to be wrong. The contentions raised in the instant appeals will
c have to be considered within . these parameters indicated in the
judgment..

At the outset it may be stated that Civil Appeal No. 4116/83
(filed by Appellant Abhijit Sen) and Civil Appeal No. 4118/83 (filed
by Appellant Satyendra Vikram Singh) were not pressed before us and
D have to be dismissed. Kumari Sbivani Aggarwal and Kurnari Sunita
Khare (the appellants in Civil Appeal No. 4117 &4119of1983) have
challenged the University's decision which decision has been upheld
' by tbe Allahabad High Couri) of refusing them admission to the
M.B.B S. course in any of the seven Medical Colleges. Learned
E Counsel appearing for them contended that the 'key-answer' supplied·
by the Pa.per: setter to question No. 31 in Zoology Paper (being
Alternative No. 2) was wrong or incorrect and th~ answer given by
both the appellants (by ticking Alternative No. 4) was the correct.
answer according to recognised text·b<'oks and therefore each one of
these appellants was entitled to an addition of 4-marks (three marks
F for giving correct answer plas I mark which had been wrongly deduct-
ed by treating their answers as wrong) and if such addition of 4:marks
was made each one was entitled to get admission. Jn the case of
Kumari Stinita Khare.(appellant in Civil Appeal· No. 4119/83) her
Counsel raised a further similar contention with regard· to
Question No. 100 in Zoology-paper as according to him the
G 'key-answer' supplied by the paper-setter (being Alternative No. 3)
was clearly wrong or incorrect while the answer gi~eri by that'
appellant (by ticking Alternative No. 4) was the. correct answer
·according to recognized taxt·books and therefore so far ~s she was
concerned .even if her contention with regard tq • Question No. 31
H was not accepted she was entitled to addition of four marks (3 for
giving correct answer plus I mark which was wtongly deducted by
treating her answer as incorrect) in regard to Question No. 100 and
A.BRUIT SEN v. U.P. STATE (Tulzapurkar, J.) 987

l even on this basis she would be entitled to get admission. Counsel
for the respondents did not dispute befpre us that if the two appel- A
lants or either of them is found entitled to an addition of four marks
as suggested on their behalf they will have to be · given admission . to
M.B.B.S. course but counsel disputed the validity of· the contention
urged on behalf of the appellants that '.key-answer' supplied by the'
paper-setter to either Question No. 31 or Question No. 100 in
Zoology-paper 'was wrong or that the answers furnished by the
appellants were correct. Counsel urged that sirice the court was
embarking upon a course of finding out and determining the correct
answer hjtving regard to ·1µe recognised text-books or authorit_ative
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 c
confirmity 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 D
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 admission made by
the Counsel for the respondents.
E
Question No. 31 the Zoology-paper together with the suggested
answers reads thus :
")
· "31. In I.he vertebrates Oxygen is transpprted by the blood
as follows : ·
F
,\ (1) Absorbed (typographically wrongly typed as Absorbed) to
the surface of R.B.C.

(2) Combined with Hemoglobin to form a complex,
G
(3) Dissolved in plasma,

(4) In all the above ways."
H
!t may be stated that in Alternative No. 1 above the first word typed
1s 'Absorbed' (meaning 'to take in') which is obviously a trpographi-
988 SUPREME COURT REPORTS [1984] 1 s.c.R.

oai or printin~ mistak~ for _the word 'Absorbed' . (meaning 'get
A ·attached' or 'collect on') for, gramatically the word 'Absorbed'
would be followed by 'in' and nut 'to'. This would al;o be clear from ·
the word 'the surface' which follow in as inuc:h as· there· cannot be
any absorbing to the surface. The correct word is 'Absorbed' mean,
ing get attached. to the surface or get collected on the surface. It is
therefore, clear that the first. alternative read correctly would run
B thus:· "Absorbed to the ~urface of R.B.C." Now the key-answer'
supplied by- the paper-setter was Alternative No. 2 whereas both tiie
appellants had ticked Alternative No. 4 as the correct answer. Both
sides, for the purpose of cljliming -that eacl1 one's answer is the
correct enswer, have relied upon the following passag;,· appearing at
c page 547 ·of the text-book 'Medical Physiology' by'Ar\hur C. Guyton,
M.D .. of international repute under the heading 'Transport of Oxygen
in the Bloo.d' : . • · • . · .•

"Normally, about 97 per cent of, ths- oxygen trans•
ported from the lungs to the tissues is carried in chemical
combinatioll' with hemoglobin in the red blood, cells, and
the remaining 3 per cent is carried iµ the dis$olved state·
in the water of the r.lasma and cells.'.'

In our. view on a careful reading of the aforsaid . passage, on which
E
· the both sides have relied, both the 'key·anS1ver' supplied by the
paper-setter as well as the answer given by the two appellants will
have to be.:regarded as wrong,. The aforesaid passage ·clearly shows.
that in vertebr~tes Oxygen is transported by the blood in. ways as
given by two alternatives namely, Alternative No. 2 and ·3, 97 per-
cent by Alternative No, 2 and the remaining 3 per· cent by Alterna-
native No. 3 and there is no reference whatsoever to Alternative No.
J as .being one of the ways in which such tran'sport takes place.
Couse! for the respondents urged that since 97 per cent of Oxygen
was transported in 'chemical combination with Hemoglobin in ·the
red~b!ood cells that was pre-dominant way in which the transport
ta_k.es place and \herefore the' key-answer' which referred to Alter·
native No. 2 would be the correct answer. It is· not possible to
accept this contention for the reason tllat in'.the question set it was
not asked as to what was the pre-dominant way ia which Oxygen is
transported by.the blood and therefore Alternaiive No.'2 cannot be
H said to· be the correct answer. In our view both the Alternatives
. '
· oogether (Alternative No. 2 _and 3) would be· 1he . correct answer.
Further, since Alternative No. I has no where been i;nentioned· in tile

'
...
ABHIJIT SEN v. .tJ.P. STATE (Tu/zapurkur' J.) 989
.'
passage quoted above as being on~ of the ways in which transport of·
Oitygen takes place the appellants by ticking Alternative No. 4 which A
suggested that such transpoit take& place in all· the three ways men:
tioned earlier which included Alternati~e No. I would also .be clearly
wrong. Counsel for the appellants relied upon the words 'and cells'
in the last portion of the passage ("the remaining 3 per cent is carried
in the dissolved state in the water of the plasma and· cells") for con- ·a
tending that the Alternative No. I was also one of the ways in which
such transport takes place. It is not possible to accept this contention
for the simple reason that the last portion of. the· passage on which
reliance has been placed speaks of 3 per cent being cartied· in the dis·
solved state in the. water of the plasma and cells while the· Alterna-
tive No. I speaks of transport by being absorb~d i.e. by getting C
·attached ·to the surface· of the R.B:C. Obviously, therefore, the
inclusion within. their answer by the appellants of Alternative No. I
. as being one of the ways in which sqch transport .takes place. was.
clearly wrong. In this view of the matter we do not think that · either
of the appellants is entitled. to an addition of four marks as· suggested D
by counsel on their behalf by reason of thtir answer given to Ques-
tion No. 31. ·

Torning to Question No. 100 in Zoology-paper (with which
only the appellant Kumari Sunita Khare is concerned) that question .E
reads : ·

"I 00. A scout bee finding a food source communicates
to the other worker· bees the location of the food
source-
F
(I) .Can not. communicate the direction· of food
source-?

(2) Can communicate the direction of food source
through its round dan.ce ? G

(3) Can communicate the direction of food· source .
throu~h its tail wagging dance ? •

(4) Can col)lniunicate the directjon of food source
through its round dance as well as ·tall waggilfg
dance.?·
• 990 SUPR.EMB COURT REPORTS · (1984) I S.C.R.
.
The 'key-answer' supplied by the paper-setter was Alternative No. 3
A while according to the Appellant Alternative. No~ 4 was the correct
answer. In Biological Science' by Willfom H. Gregory and Edword H.
Goldman while dealing with the 'bee language' on page 391 the
following passage occurs-

B " ........ A peculiar 'bee dance' is performed py retur-
ning scouts. if the food is close, a round dance is per·
formed. If the food is farther than 100 yards, a special
tale wagging dance ls staged. The direction of the food is
also indicated."

c In the book 'Special ·Organization', on Honey-bees by. Dr.· V. Freser
at page 4~ the author has, while dealing witl:r the 'dance language',
given further refinement thus :

"when the forage is located within 28 meters of the
colony, on its return home, .the successful forager performs
D a 'tail wagging dance". .

"when the, forage is locatM 100 meters or more away .
from nest a successful forager performs a 'tail wagging
dance". ·
E
From .the above passages of the learned Authors one thing is very
clear t!J.at the range plays a very important part in deciding whether
the scout bee or the successful forager on return home would per·
form a round dance anti according to Gregory and Goldman if the
food is close-by a round dance is performed and if the food is
.F further than JOO days a tail-wagging dance is performed whereas
according to t)le refinement given by Dr. Freser if the food is located
within 28 metres a round dance would be performed but if it is
located at the distance of 100 meters.or more tail-wagging dance is
performed. Now the _question set by the paper,setter makes no·
reference whatsoever to any range with reference to which the
candidate is called upon to give his answer to - the question and in
the absence of any reference to the range according lo the aforesaid
passages Alternative No. 4 would be the correct answer and not
Alternative No. 3 which had been supplied as 'key·answer' by the
paper-setter. In our view it is a c·ase of· tricky question being set
H
by the paper setter wher.e one the essential aspects namely', the range
has not been indicated anywhere in the question. Placed in, that
situation the appellant Kumari Sunita K~are was right when she
ABHIJIT SEN v. u. P. STATE (Tulzapurkar, J.) '991

ticked Alternative No. 4 as being the correct answer to the questiol\
set:. · A
' ,
In view of what is stated above.only one appeal 'namely. Civil
Appeal No.4119/83 of Km. Sunita Khare deserves to be alk>wed.
We allow it accordingly with .cost and direct the respondents to giv,e
her admission to the M.B.B.S. course in the 1983 session. The other
·· three appeals 11re dismissed but there will 'be no orders as to costs.'

•
N.V.K. C.A, 4119/83 allowed. •
C.A. 4116-1883 dismissed.
•

...
~·

;,_

.
.,.
..
l

' •'