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| BOPEE has powers to nullify absurd questions: DB | | | Jammu, Feb 19 : A Division Bench of State High Court Comprising Justice Muzaffar Hussain Attar and Justice Bansi Lal Bhat of J&K High Court upheld the order of Writ Court whereby Writ Court Section 9(1)(a) of the Act of 2002 vests the Board with sufficient powers to nullify absurd questions and questions with wrong options. The power to rectify errors by eliminating the absurd questions and wrong options is inherent and clearly deducible from the provision enacted in Section 9(1)(a) of the Act of 2002. This direction has been passed in bunch of LPAs challenging the The Common Entrance Test 2014 (CET 2014) was conducted by the Jammu & Kashmir Board of Professional Entrance Examinations (for brevity 'the Board') on 7th and 8th of June, 2014. The answer key was published on the website of the Board on 8th July, 2014. Liberty was given to the candidates to make representations in respect of any error in the answer key within two days from the date of such publication. According to the Board, 276 representations were received from the candidates against the answer key. Same were referred to the Expert Committees alongwith material relied upon by the candidates in support of their individual representations. The Expert Committees considered the representations and recommended nullifications of 17 questions and change in answer of two questions, one each in Biology and Chemistry.
The Board published the revised answer key on its website. The result was, accordingly, notified on the basis of evaluation of merit of candidates as per the revised key. The appellants assailed the decision taken by the Board in regard to nullification of 17 questions and change in answer of two questions on the ground that the decision was taken without competence and authority and that one of the answers to nullified questions was correct and its nullification was not justified. Before parting with this judgment, Division Bench expressed deep sense of anguish in regard to the methodology adopted for selection of multiple choice questions with high rate of error probability as coming to fore in the instant case. The fact that as many as 17 questions had to be nullified / deleted and the answers of two questions had to be changed on the advice of the Subject Experts demonstrates lack of care on the part of the Board in allowing such large scale errors, oblivious of the fact that complacency on the part of the Board authorities would jeopardize the legitimate interests of the student community aspiring to seek berths in professional institutions. The Board has to be vigilant and immediate remedial measures are to be adopted to plug all the loopholes in the system and leave no room for grievance to crop up.
It is noted with concern that every year Common Entrance Test brings a fresh wave of litigation leaving a number of candidates with no choice but to resort to litigation which is highly undesirable. It is hoped that the Board Authorities would rise to the occasion and take a final call in the matter, so as to ensure a litigation free Common Entrance Test process and spare the candidates of the agony to channelize their energies in forced litigations and directed Registry to send copies of this judgment to the Chief Secretary of the State, as also to the Chairman, J&K Board of Professional Entrance Examination, for taking necessary steps. |
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