Responding to a plea on NEET 2016, the Delhi High Court on Tuesday, said that courts cannot review solutions and answer keys of exams prepared by subject matter experts (SME).
A petition, challenging the Central Board of Secondary Education (CBSE) answer keys for National Eligibility-cum-Entrance Test (NEET) 2016, conducted early this year, was filed Sagar Sanjeev Dua.The question paper and answer keys were prepared by independent subject experts and hence the court "cannot take over the task of correcting the answer set" in the keys framed by independent subject experts, said Justice Sanjeev Sachdeva.
The court, while dismissing a plea by a candidate, also noted that the information bulletin for NEET-2016 specifically stipulated that there was no provision for rejecting or re- evaluating the answer sheets.
"In the instant case also, the experts, who had set the question paper, have reiterated the answer key and the objections raised by various candidates have been dealt with. The answer key has been uniformly applied to all candidates who have taken the examination.
"The question paper and the answer key are prepared by independent subject experts. The court, in exercise of powers under Article 226 of the Constitution, cannot take over the task of correcting the answer set in the answer key framed thereto by an independent subject expert," the bench said.
"The question paper is from physics, chemistry and biology. For a court to assess and examine even, prima facie, whether the answers are correct or incorrect, would be beyond the competence of a court, which may not be an expert in the said subjects," the court said.
The court also cited a judgement of the Supreme Court in which it was held that a court cannot take upon itself the task of statutory authorities and it is not permissible for the court to take upon itself the task of examiner and examine the discrepancies and inconsistencies in the question paper and evaluation thereof.