The reason is that the candidates were required to select the most appropriate answer from the suggested answers.
In case and if Frederick Cook had been mentioned and included in the list of suggested answers, the situation would have been different. Pertinently, when we approach the question and suggested answers, we have to keep in mind the dictum in Kanpur University supra that the answer key should be assumed to be WP C Nos.
We do not think that the model answer key is demonstrated to be wrong that no reasonable body of men well-versed in the subject would regard as correct. It is not ambiguous and it is not the case where more than one suggested answer was correct. Now, we will deal with four questions where we feel that the petitioners have been able to make out a case for applying the Kanpur University test as mentioned above.
We would deal with each question separately and elucidate and give our reasoning. Elected by the same electoral college which elects the President. Elected by the member of Lok Sabha and Rajya Sabha in a joint sitting. As per the respondent, the correct answer is "Elected by the members of Lok Sabha and Rajya Sabha in a joint sitting".
However, it is accepted that as per Article 66 read with Article of the Constitution, Vice President is elected by the members of an electoral college consisting of members of both the Houses of Parliament by a system of proportional representation by means of a single transferable vote. The voting is by secret ballot. Thus, the requirement that members of both Houses of Parliament should have assembled in a joint meeting was specifically deleted. Article of the Constitution stipulates when there can be a joint sitting of both the Houses of Parliament, which is a rarity.
We are not inclined and do not accept, the submission of the respondent that the suggested answer No. In such circumstances, a person marking option No. On the other hand, a candidate, who has read and examined history of Article 66 of the Constitution and is also aware of Article of the Constitution, would get confused and perplexed, for he would be aware and conscious that Vice President is not to be elected by members of both the Houses of Parliament assembled in a joint meeting. Once we hold that all the four suggested answers were incorrect, then obviously a candidate could not have marked the most appropriate answer out of the suggested answers.
Question No. The aforesaid question required the candidates to mark the incorrect statement out of the four suggested answers. As per the respondent, answer No. There are two difficulties in accepting the plea of the respondent that answer No. Firstly, answer No. Secondly and importantly, answer No. If we count the states mentioned, they are six in number, whereas in the answer, reference is to 'five' more AIIMS.
A candidate may assume that reference to six states instead of five as asked, would make Answer Choice No. The contention of the respondent is that reference to Bihar is by mistake or by way of a typographical error. We would not accept the said contention, for the State of Bihar as mentioned is to be found after the State of Himachal Pradesh and before the State of Assam.
A reading of the actual text would show that the Finance Minister had stated that in view of the need to augment medical sciences in Bihar, it had been proposed to setup another AIIMS- like institution in these States. The answer choice No. Thus, answer No. When we apply the test stipulated in Kanpur University supra , it is evident that this question, in view of the answers suggested, is clearly doubtful and ambiguous.
We have to hold that the suggested key is demonstrably wrong as answer No. We would, therefore, delete the said question. Section 60A of the Code of Criminal Procedure, reads as under A reading of the said section would show that it does not refer to a specific provision of law and is a general provision which simply stipulates that a person can be "only" arrested in accordance with the provisions of the Code or any other law in force providing for arrest. In other words, a police officer does not have power of arrest, unless the said power is specifically conferred and stipulated by the Code or a provision of law.
As per the answer key, answer choice No. In other words, a person can be arrested under the three circumstances mentioned and stated in suggested answer Nos. Answer No. A police officer has the power to arrest when a cognizable offence is committed in his presence. A police officer does not have the power to arrest when a non-cognizable WP C Nos. The difference between the term "cognizable" and "non-cognizable" is extremely important and relevant to a candidate appearing in the judicial examination. This is clear from Section 41 1. As per Section 41 2 of the Code of Criminal Procedure, , in cases of all non- cognizable offences, a police officer is required to obtain warrant from a Magistrate to arrest the accused.
The said question would, therefore, fail the test as stipulated in Kanpur University supra and has to be deleted. The said question and the suggested answers read as under The word "risque" has been described as a verb or a noun and refers to the word risk. Diacritical is a mark, point or a sign attached to the letter to indicate its exact phonetic value, or to distinguish it from another letter.
Diacritical as micron long or breve short have a phonetic value and relate to pronunciation. In the context of the question as framed, the suggested answers include meanings assigned to the said word with or without diacritical.
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This has undoubtedly caused confusion. This being the situation and as two or more suggested answers examined from the eye of a reasonable man well conversant with the field, are equally plausible and acceptable, the answer key has to be rejected. As two or more of the suggested answers are correct, the model answer key and the question would falter as only one suggestion was to be marked.
We accordingly hold and observe that this question and suggested answers fall foul of the test stipulated in Kanpur University Supra and should be deleted. In the writ petition filed by Sumit Kumar, he has objected to question No.
The objection is on the ground that the question was out of syllabus, for the doctrine of subrogation is postulated under the Transfer of Property Act. We reject the said contention, for the doctrine of subrogation is well recognized even in insurance law and can well be treated as a part of the general body of law.
When we apply the test stipulated in Kanpur University supra , the objection raised by Sumit Kumar to this question must fail. Similarly, the challenge to deletion of question No.
The said question and the answers suggested read as under The question, as posed does not refer to an arbitration agreement in writing, but an agreement which is deemed to be in writing though not in writing. The suggested answers have been examined and selected with reference to the question. Therefore, reliance placed by the petitioner on Section 7 4 of the Arbitration and Conciliation Act is inconsequential and fallacious.
The High Court had rightly deleted the said question.
Sumit Kumar vs High Court Of Delhi & Anr on 9 May,
The federal Office of the Correctional Investigator summarized the situation as follows. Aboriginal inmates are:. This is clearly a case in which the situation of the incarcerated inmates interviewed on the CBC program has been structured by historical social patterns and power relationships that confront Aboriginal people in Canada generally. One young inmate described how, at the age of 13, he began to hang around with his cousins who were part of a gang. He was expelled from school for recruiting gang members. The only job he ever had was selling drugs.
Donor associations, a key link between donors and blood centres
The circumstances in which he and the other inmates had entered the gang life, and the difficulties getting out of it they knew awaited them when they left prison, reflect a set of decision-making parameters fundamentally different than those facing most non-Aboriginal people in Canada. Since ancient times, people have been fascinated by the relationship between individuals and the societies to which they belong. The ancient Greeks might be said to have provided the foundations of sociology through the distinction they drew between physis nature and nomos law or custom.
If human social life was the product of an invariable human or biological nature, all cultures would be the same. The concerns of the later Greek philosophers — Socrates — BCE , Plato — BCE , and Aristotle — BCE — with the ideal form of human community the polis or city-state can be derived from the ethical dilemmas of this difference between human nature and human norms.
The ideal community might be rational but it was not natural. In the 13th century, Ma Tuan-Lin, a Chinese historian, first recognized social dynamics as an underlying component of historical development in his seminal encyclopedia, General Study of Literary Remains. The study charted the historical development of Chinese state administration from antiquity in a manner very similar to contemporary institutional analyses. Key to his analysis was the distinction between the sedentary life of cities and the nomadic life of pastoral peoples like the Bedouin and Berbers. The sedentaries of the city entered into a different cycle in which esprit de corps is subsumed to institutional power and the intrigues of political factions.
The need to be focused on subsistence is replaced by a trend toward increasing luxury, ease, and refinements of taste. The relationship between the two poles of existence, nomadism and sedentary life, was at the basis of the development and decay of civilizations Becker and Barnes, Not only was the framework for sociological knowledge established in these events, but also the initial motivation for creating a science of society. Early sociologists like Comte and Marx sought to formulate a rational, evidence-based response to the experience of massive social dislocation brought about by the transition from the European feudal era to capitalism.
This was a period of unprecedented social problems, from the breakdown of local communities to the hyper-exploitation of industrial labourers. The development of modern science provided the model of knowledge needed for sociology to move beyond earlier moral, philosophical, and religious types of reflection on the human condition. The focus of knowledge shifted from intuiting the intentions of spirits and gods to systematically observing and testing the world of things through science and technology. Empiricism sought to discover the laws of the operation of the world through the careful, methodical, and detailed observation of the world.
The new scientific worldview therefore combined the clear and logically coherent, conceptual formulation of propositions from rationalism, with an empirical method of inquiry based on observation through the senses. Sociology adopted these core principles to emphasize that claims about social life had to be clearly formulated and based on evidence-based procedures.