AIIMS PG Online Entrance Exam: Whether Candidate Is Entitled To Inspection Of Answer Sheets And Revaluation In The Absence Of Regulations? SC To Consider

AIIMS PG Online Entrance Exam: Whether Candidate Is Entitled To Inspection Of Answer Sheets And Revaluation In The Absence Of Regulations? SC To Consider

Shruti Kakkar  Live Law 

22 Sep 2021 6:20 PM

The Supreme Court on Monday (September 20, 2021) agreed to consider whether a candidate who has appeared at the online entrance examination for admission to the postgraduate course conducted by the All India Institute of Medical Sciences would be entitled to inspection of the answer sheets, and to revaluation in absence of such provision in the applicable regulations.

The division bench of Justices DY Chandrachud and BV Nagarathna while issuing notice in the special leave petition filed by The Controller Of Examinations Examination Section, All India Institute Of Medical Science challenging Madras High Court's order dated August 27, 2021 also stayed the operation of the judgement.

"Pending further orders, there shall be a stay of the operation of the impugned order of the Single Judge dated 27 August 2021 and a stay of further proceedings in Writ Petition No 16670 of 2021 and WMP No 17655 of 2021," Court noted in its order.

The Madras High Court bench of Justice N Anand Venkatesh on August 27, 2021, while hearing a writ petition had directed the Controller of Examination, AIIMS to submit a detailed affidavit explaining the process and its stand with regards to the inspection of answer sheets. The affidavit also had to state the effect of the Court seeking for the inspection of answer sheets in the virtual form and the manner in which the same could impact the Controller of Examination's confidentiality.

"These questions are posed only to understand the scope of jurisdiction to be exercised by this Court under Article 226 of the Constitution of India in a changed scenario where everything is done through virtual mode. Under such a changed scenario, if any candidate is not satisfied with the marks awarded to him / her, what will be the remedy that will be left to the candidate," Court had further observed.

Appearing for the Controller of Examination, AIIMS Advocate Dushyant Parashar submitted that in the proceedings before the Madras High Court, Single Judge's attention was drawn to proceedings in which the Supreme Court had stayed the order of Central Information Commission dated July 20th 2015 in which the information watchdog had allowed Sakshi Mathur, a 2013 aspirant, to access the papers and answer keys of 2013 entrance exam.

Upon counsel's submission, the Top Court also directed for tagging the present SLP with SLP (Civil) 7591 of 2019 AIIMS v Sakshi Mathur.

Case Title: The Controller Of Examinations Examination Section, All India Institute Of Medical Sciences V. Lakshmanan Senthil Kumar & Anr