'^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.CC1 N0. %&6& /2010 PETITIQNER ^l^"" .-.'•^i" \ V**' .^~ .^^ \ \^° ftw' >. ..••'' 'L.^-'" RESPONDENTS Anish Kumar Shah S/o. Anjani Kumar Shah, aged about 22 years, R/o. Near Savita Pustak Sadan, Adarsh Nagar, Sitapur, Tahsil Sitapur, District Surguja (C.G.) VERSUS State of Chhattisgarh through- the Secretary, Department of Health, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) The Director, Medical Education, State of Chhattisgarh, Raipur (C.G.) The Chhattisgarh Professionat Examination Board, through it's Secretary, Board of Secondary Education Campus, Bairan Bazar, Raipur (C.G.) The Controller, Professional Exarriination Board, Board of Secondary Educatlon Campus, Bairan Bazar, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS, PROHIBITION, CERTIORATI ETC. OR ANY OTHER DIRECTION ORORDERTQDO JUSTICE IN THE MATTER. '"S^ iS^^y> S. 'sls'ik\ ' ' ~!T<. f V^X. ^4;*^ /'%/" ""s'S^'y ^^" HffSH nOiiRTOF E'HH&TTiSRARW &T S'i.ASPlJ? i"~i >«un' ^;u^';i-\. •; U'i" ^r~iii"~t^°°t E i ^•^''iS Sss:.,:i~\.'!~i K°si i 'uS'i.iai^tiiaSf" ^s' ^M D ?ff^^ XE^-E ^c?f^fl ^o.f ^^'?EI v^^.i.:v^s'^.^. -Sf&v^' \f^ £.\s ;y Anish Kun-ar Snsh versus .^?^%;^;''~i*^U~^^^E T-^- Stats ot cnhadjsciafn & WR)T peTiTiON UNDeRARTiCL.E 226 O- '^P»*33:Jftw ^^S.^'^h' £I Lu?^£ Eh<rf-E E; • OF !MDIA Hon Isls Shr^ N.K.= Ac^s-rwsi e FT;--^ ^i ^-^. aa»^ ^ ^ i"^ ^l ^^<J5i[A.s ?^ |l/^ t ^ i»p*tp-^ f^^^v i^ff^^t *--^^1?1 fll^*><l\ fr>^/"^*Ffrf/<t *^fr/t*ifrfc T^s^n'c. ^.nn F^SHU! iviEsnrs, couns^? Torins p©?iDon©r. Shri Sur'/ak^nt Mishra. P,L. for ths Stst'Q'/fssoontisnts No1.' &2. Shn Pansaj Agraw'ai, counsei for respondents No.3 & 4. (Passed on 20'" day of .Juiy; 2010] sr l.iVi. Quddusi. J. Heard. 2. Tne petitloner wno participated in the Pre Medical Test (PMT) conducted bv Chhaftisgarh Professjonal Examination Soars, Raipur has prayed for auashing the merit list of Chnattisgarh PivfT 2010 on the ground thai he had givsn rignt answers of Qusstion No.64 of Phvsics and Chemistr,/ ana auesiion No.75 of Botanv and Zooiogv psosrs Dut his answers wsre in evaiuation deciared as incorrect. On Dreparation of merit i!st, petitioner's rank wss found place 'n senersi cat&gorv ar 186 and in OBC category at 77. 3. On the abovs, this Court issued notices to the respondents. The return was fited supported by an affidavit of Assistant Controiier, ChhatSisgarh Board of Professiona! Examination, Ralpur in whtch it has been mentloned that Question No.64 in Physics & Chemistro and Questton No.75 In Botany & Zooiogy were enquired jnto and discussed by experts reiating to those subjects and found those answers published in finai modei answer sheet after moderation as correct. Under Section 45 of the Indian Evidence Act atso such exosrts' opinlon treated to be reievant and therefore, the Detition is .liabte to be dismissed. !t has been further mentioned that the oblections of fhe Detitioner were invited and when he raised objections, they v/ere .<<^""" ' " '"^^ •l- ^'^''€a<, S fc. -a '3 I ^a&il 1 1 - ~vs^9a 8 i, a. "'l J '%. l:'te,-s° .^" considered and Annexure P-1 i.e. the resuit sheet was puDlished oniy after considerin.g the oblections. The obiections were duiy considered throush the speciai exoerts and thereafter. ths exDerts' oDJnion was approved In the Minutes of Examination Committee on 27-05-2010 and thereafte.r, the decision was displayed and then the resuit was displayed on fhe we&sjte. 4. In fact, questlon No.64 was as under: "The total number of electrons that take part in forming bond in OyiS: (a) 2 (b) 4 (O S (d) 8" The petitjoner given answer 'b' i.e. 4 but according to the modei answers, the correct answer was at 'c' i.e. 6. The expert opjnion i.s, ODinion of Professor G.L. ivSundhara, Ex. Head, School of Studies in Chemistrv. Pt. Ravj ShanKer Univsrslty, Ralour has bsen fiied. Accord'ng to him. ths peiifconsr gave answers on tns oasis of Valance Bond Tnsorv (VBT) but that Sheorv nas become outdated and not an acceDted concegt. Ths acceoted iheorv is Molecule Orbitai Theory (MOT) accordins to which 1 8 eiectrons are needed for formuiation of O? DetaH has been given as under: "4 eiectrons for a double bond and 2 unpaired electrons for para magnetism Oz motecuie. Hence, in aii2 +2 -'• 2 (A,S,C) 6 electrons are needed in forming bond in 0''moiecules, therefore, the answer 'c' is corrsct and the answer 'b' is comp'etejy ruled cut." in view of above, thsre is no scop®to accept the answer gsvsn by ^•^t/^ f^,,'^^"TT.-^V^.J*: ^' ^-f*- . /<.-i^L^*'/^.^r^' ^.r?t^*-l:*^Atl. f.rM=.'Er ^VE.A^^ ?»'? ?ft/^ =^?rff^^fc*^ ^•^.f.y^^^^t^ '*b ** 1^ ? i <f^ py<^uynsi iKS'^yusyi. iv^i'^yv^?^; ifsy;y i^? ny ^;^^H[iHHaiiun ss.i. ci;! s-s the maA answered was appltoabie to ail inciuding the petitioner. S. in respect of Questlon No. 75 of Botsny & Zooiosy su&jects, the same !S Ciuoiec as uncer: "75. Naturai sslection acts on an orcsanism's (a) dominant nlteies (b) recessive aileles (c) phenotype (d) genotype". The expeil's opinion i.e. Dr. Seema Gupta, Professor & Head, Govt. Science Coliege, Raipur was obtained. According to her, variations are the raw materiais for natural selection of act. These variations the resu't of change in the genotype and it is the genotype is ,'nherited fo the off- springs the phenotype is due to genotype. Therefore, genotype ,'s th^/ ff Ife ^ correct answer. !n the theor/ of Evolution by Natural Selection which is given in ChaDter 49 of NCERT book at 7.5 under the headina Bioioaical Evofution, It has been mentioned that "Hence there musi be a gsnetic basls for getting seiected and to evolve. Another v/av of savina the same thina is that some oraanisms are better adapted to sun/iye in an othero'ise hostiie environment. Adaptlve abii'iti/ is inherited. it has aenetic basis. Fitness is the end resuit of the abiiJtv to adapt and get seiected bv nature. Sn that book headina Darwin's idea of Natural Selectlon, it has been mentioned that "Heritable quaiities resuit from the presence of specific genes in individuals. The variation in a population is due to the presence of many alternative aileies. The process of naturai seiection described aboye brings about a change in the retative proportions of different alleles. in other words, evolution is a change in the genefic composition of the popufation, brought about when natural seisction acts on the variabiiity in a population." 7. !n viev»' of above, the model answer 'd' i.e. genotype was appiicable fo all and there is no discrimination with the petitioner and hence we are unable to accept the answers given by the petitioner as correct, in view of the experts opinion and .what has been discussed above. 8. Therefore, the writ petition flisd by the petitioner faiis and is dismlssed. No order asto costs. Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge