ARINDAM SINHA,J. - (1.) Affidavit-of-service is filed.
(2.) On 17th August, 2018 this writ petition was moved. Order dated 25th May, 2018 made in W.P. 7013 (W) of 2018 (Apala Debnath v. Union of India and Ors.) passed by a learned single Judge of this Court and judgment dated 13th June, 2018 of Supreme Court in Writ Petition (Civil) 551 of 2018 (Disha Panchal and Others v. Union of India, The Secretary and Others ) were relied upon by petitioner. Mr. Sanyal, learned advocate appearing on behalf of petitioner had submitted upon reliance on Disha Panchal (supra), Supreme Court had applied a formula by which 9.90 compensatory marks were added by reason of questions in examination having carried errors. Since cut-off date for admission to MBBS course was ascertained to be on 31st August, 2018, Central Board of Secondary Examination (CBSE)/respondent no. 4 was directed to report as follows:- "i) Number of questions attempted by petitioner which questions did not carry any error; ii) Number of those questions correctly answered; and iii) Number of erroneous questions attempted by petitioner. Said respondent will report on adjourned date. This Court will on obtaining information required, attempt to formulate a method, regarding petitioner, for direction of award of compensatory marks on broadly the basis in Disha Panchal (supra)."
(3.) Mr. Sanyal draws attention to question 148 in concerned examination, for comparison of the question given in English and its translation to Bengali, his client having had attempted the paper in Bengali. He demonstrates, there is omission to mention 'Wurtz reaction' and 'gaseous' in the question translated to Bengali. He relies on order dated 25th January, 2018 in Writ Petition (Civil) 390 of 2017 (Sankalp Charitable Trust v. Union of India and Ors. ), wherein Supreme Court had quoted its earlier order dated 10th August, 2017. Relevant part of the extract is reproduced below:- "Heard Ms. Indira Jaising, learned senior counsel along with Mr. Harsh Parashar, learned counsel for the petitioners, Mr. Ajit Kumar Sinha, learned senior counsel for Union of India, Mr. Maninder Singh, learned Additional Solicitor General and Mr. Tara Chandra Sharma, learned counsel for the Central Board of Secondary Education (CBSE) and Mr. Gaurav Sharma, learned counsel for the Medical Council of India." Having heard learned counsel for the parties at length, we are of the considered opinion that the NEET examination conducted by the CBSE should be without any kind of ambiguity. Be it stated that the question papers are set in English, Hindi and regional languages. The picture that has been projected before us is that there is difference in the question papers and, therefore, CBSE applies the principle of equivalent difficulty. We are disposed to think that it would be appropriate for CBSE the question papers set in English, Hindi or in regional languages should be the same. It shall facilitate the students' community to choose the language they intend to adopt to answer the questions and in that event the principle of uniformity shall be appositely maintained for all the categories of students. When there is appropriate translation, the identity and uniformity of the question papers will be in the realm of certainty. We have been apprised that it is difficult to translate certain areas in regional languages pertaining to medical terms. In such circumstances, it shall be within the domain of the experts to use the medical terms as they are. It relates to the experience of the experts.";