JUDGEMENT
K. Kannan, J. -
(1.) THE petitioner is aggrieved that the key answers given in the test held for Punjab State Teacher Eligibility Test were wrong and she has not been correctly appraised for at least 7 questions where she has tendered correct marks. Indeed the limit of interference for judicial review in such like matters is exceedingly limited and the Court shall not play the role of expert to find out correct answers. Exceptions do exist for every situation and herein, they exist in abundance. The key answers provided are meaningless as the counsel for the petitioner points out. The questions which the petitioner has answered are brought out one after another to examine the correctness or otherwise of the contentions of the petitioner. Following are the questions which the petitioner has answered to which she has not been correctly appraised.
"Q No. 5 Ling Sambandhat hai (Gender is related with)
a) Marda te aurtan da vichla farak jo jaivik te utpatti da natiza hai (difference between men and women is due to biological characteristics)
b) Marda da aurtan te dabdaba (dominance of men over women).
c) Marda te aurtan de vichkar da antar sanskriti di uptpatti hai (difference between men and women is result of cultural origin)
d) Bache paida karn vich aurtan di yogta (capability of women to produce child)"
The petitioner has given the answer as option (a) while the key answer stated option (c) as the correct answer. Evidently the key answer is clearly wrong. The difference between male and female is not based on culture. It is based on biological reason and that is the answer which the petitioner has given.
"Q No. 18. Ankhan to dikat wale ik vidyarthi te thora kum wekhan waliyan layi ki eh chijan madadgar nhi h (following are not helpful for low vision student)
a) wada chhapai da saman (larger print items)
b) braille adharat saman (braille based items)
c) sunan diyan tepan (audio tapes)
d) drishtigochar (magnifying devices)
The petitioner has attempted the correct answer for question No. 18 as option (b) while the key answer given is (d). The key answer is definitely not correct answer, for, it does not require the role of expert to determine that a person who has a low vision is not blind and therefore, it cannot be said that a magnifying glass cannot be helpful. It would indeed be helpful. What may not be helpful is a braille based item, for, it requires a particular expertise to be learnt in order to understand the braille based item. A totally visually challenged person could be trained and we are not examining a situation of such a kind.
We are examining a case of person who has a low vision to whom particular item will not be useful and the correct answer attempted by the petitioner is option (d) and I would accord a full mark for the same.
(2.) THE question No. 86 which is at page 9 reads thus and the four options are: -
"Q No. 86 Use of multimedia in language, class ensures - -
a) Essentiality of the use of teaching learning material
b) Effective teaching learning process
c) Appropriate ways of assessment
d) Satisfaction of all the requirements of almost all the students"
The petitioner has attempted the option (b) while the correct answer as per the key answer is (d). Option (d) makes no sense at all. Satisfaction of all the requirements of almost all the students has nothing to do with the use of multimedia. I, therefore, reject the key answer as wholly incorrect.
Question No. 89 reads thus and the multiple choices are as under: -
"Q No. 89. To develop reading proficiency, learners should be trained to: -
a) Read rapidly and correctly
b) Comprehend denotative meaning of the next
c) Comprehend connotative meaning of the text
d) Interacting actively with text
The petitioner has attempted the option (a) while the key option is (d). A person that reads efficiently is a person who reads rapidly and correctly and it will be meaningless to suggest that he interacts actively with text. Reading proficiency has nothing to do with interaction with text but it is ability to read quickly and correctly and that is the correct answer.
(3.) TWO other questions are not within the comprehension of the Court to make appraisal. Indeed, I had outlined even at the beginning that the extent of intervention by a Court shall be very minimal but still I have undertaken the exercise because the key answers are outlandish and completely wrong and I was able to see what was correct. The other two questions do not partake the same character. I do not propose to grant the marks for what the petitioner has answered for these two questions. The four correct answers which I have outlined are sufficient to find the petitioner eligible, for, additional marks take her tally to 90, which is to be adjudged as pass. The writ petition is allowed. The petitioner shall be taken as having obtained 90 marks that secures to her eligibility for a pass. The respondents are directed to issue a fresh certificate of eligibility in terms of the above directions within a period of 8 weeks.;
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