The Bombay High Court (Nagpur Bench) issued a notice in a plea moved by a NEET aspirant seeking the Court's directions for the manual evaluation of her OMR sheet. The two-judge bench of justices AS Chandurkar and NB Suryawanshi issued a notice regarding the same. The same has been moved by a NEET aspirant Vasundhara through Advocate Ashwin Deshpande. Through the plea, the petitioner has prayed that there should be manual re-checking of her paper. The results of the examination were declared on the 16th of October and the petitioner scored a zero out of seven hundred and twenty marks.
The petitioner further stated that she received no response in return for the same. In the light of clause 15. 4 of the information bullet the provision of viewing the OMR sheet was given to the candidates by the national testing agency. However, in para 7 of the writ petition, it has been stated that such an OMR sheet was not uploaded as a result of which she did not have the chance to challenge the gradation of her attempt. The petitioner was expecting a score of 600 marks after having scored 81. 85% in her H.S.C examination. Thus, due to some technical discrepancy zero marks have been awarded to her. The Court observed that under Clause 15.4 of the Information Bulletin, there is no provision for re-checking or re-valuation of the answer sheets. The only option available is to make the OMR gradation of the candidate's sheet.
The court referred to a precedent Ran Vijay Singh & Ors v. State of Uttar Pradesh & Ors, and hence relying on the judgment, the high court observed, “We are conscious of the scope available for interference in matters of the present nature. The law in this regard can be referred to as laid down in R Vijay Singh and others Vs. State of Uttar Pradesh and others (2018) 2 SCC 357 and especially paragraph 30 thereof. Prima facie, considering the fact that the petitioner has been awarded zero marks a response from the respondents is called for."
Therefore, the notice was issued for the final disposal of the writ petition returnable on 26.10.2020. The petitioner must receive full consideration of the bench and the decision must render justice to her as due to some more technical discrepancy the future of a student cannot be put on a toll.