$~156 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010324042026 + W.P.(C) 10078/2026 & CM APPL. 46877/2026 & CM APPL. 51378/2026 BUGGAVEETI KRITI SINCE A MINOR THROUGH HER MOTHER AND NATURAL GUARDIAN DR GREESHMA PULLURI ....Petitioner Through: Mr. Abhinay Sharma, Ms. S. Lakshmi Iyer, Mr. Pooran Chand Roy , Ms. Kirti Vyas, Ms. Deeksha Prakash and Mr. Kartik Rajpurohit, Advs. versus NATIONAL TESTING AGENCY & ANR. .....Respondents Through: Mr. Sanjay Khanna, Ms. Pragya Bhushan, Mr. Naman Dwivedi, Mr. Saurabh Dwivedi, Ms. Meemansa Dixit, Ms. Jaya Choudhary, Advs. for R1 Mr. Jagdish Solanki (CGSC), Mr. Vanshul Pali (GP) along with Mr. Lakshay Kumar, Ms. Manya Saxena, Mr. Kartik Khullar, Ms. Riya Garg, Ms. Ayushika Mishra & Ms. Sanskriti Sharma, Advs for UOI/R-2 CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 07.08.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “a) Issue an appropriate writ, order or direction declaring the answer assigned by the Respondents to Question No.143 of Test Booklet Code 70 in the Impugned Final Answer Key This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:14:02 dated 16.07.2026 for NEET (UG)- 2026 as erroneous and consequently quash and set aside the said answer in the Impugned Final Answer Key together with the consequential Impugned Score Card dated 16.07.2026 issued to the Petitioner; b) Issue an appropriate writ, order or direction directing the Respondents to revise the Impugned Final Answer Key by treating Option 3 as the correct answer to Question No.143 of Test Booklet Code 70, re-evaluate the Petitioner's answer sheet accordingly and thereafter revise the Petitioner's marks, percentile, All India Rank, Category Rank, Impugned Score Card and all other consequential records pertaining to NEET (UG)-2026; c) Issue an appropriate writ, order or direction directing the Respondents to grant the Petitioner all consequential benefits flowing from the revised result, including consideration for admission in the ongoing NEET (UG)-2026 counselling process strictly in accordance with her revised merit position; d) Award the costs of the present proceedings in favour of the Petitioner. ….” 2. For the reasons stated in the petition, issue notice. 3. Mr. Khanna, learned counsel, and Mr. Solanki, learned CGSC, accept notice on behalf of the respondent No. 1 and 2, respectively. 4. The brief facts of the case are that the petitioner appeared in NEET UG-2026 re-examination conducted by respondent Nos. 1 on 21.06.2026 and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:14:02 obtained 569 marks out of 720. 5. The grievance of the petitioner is with regard to question No. 143 pertaining to the Biology (evolution) section of NEET UG-2026. The question reads as under:- “143. Given below are two statements: Statement I: Modern Homo sapiens arose in Australia and moved across continents. Statement II: Homo sapiens arose around 75,000 and 10,000 years ago. In the light of the above statements, choose the most appropriate answer from the options given below: (1) Statement I is incorrect but Statement II is correct (2) Both Statement I and Statement II are correct (3) Both Statement I and Statement II are incorrect (4) Statement I is correct but Statement II is incorrect.” 6. The petitioner marked option 3 as the correct answer, but as per the answer key, it was option 1 which was the correct answer. 7. Mr. Sharma, learned counsel for the petitioner, draws my attention to the relevant portion of the NCERT book for Class 11th and the relevant paragraph reads as under:- “Homo erectus probably ate meat. The Neanderthal man with a brain size of 1400cc lived in near east and central Asia between 1,00,000-40,000 years back. They used hides to protect their body and buried their dead. Homo sapiens arose in Africa and moved across continents and developed into distinct races. During ice age between 75,000-10,000 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:14:02 years ago modern Homo sapiens arose. Pre-historic cave art developed about 18,000 years ago. One such cave paintings by Pre-historic humans can be seen at Bhimbetka rock shelter in Raisen district of Madhya Pradesh. Agriculture came around 10,000 years back and human settlements started. The rest of what happened is part of human history of growth and decline of civilizations.” 8. He further states that the same shows that during Ice Age between 75,000 to 10,000 years ago, modern Homo Sapiens arose. It is the contention of Mr. Sharma, learned counsel for the petitioner, that the Homo Sapiens arose much before 75,000 to 10,000 years ago and it is only “Modern” Homo Sapiens who have appeared during the Ice Age between 75,000 to 10,000 years ago. He states that the word “Modern” is the key, which was missing in question No. 143 and hence his answer is correct. 9. Mr. Khanna, learned Standing Counsel for the respondent No. 1, draws my attention to the counter affidavit and more particularly, paragraph Nos. 17, 18 and 19 which read as under:- “17. The challenges to the provisional answer key (s) received from all the candidates (including the petitioner) were placed before panel of eminent subject experts drawn from premier institutions of national repute (including IITs and premier Central Universities), for consideration and settlement. 18. The final answer keys were subsequently prepared as per the opinion/ recommendations of the respective panel of subject experts, pursuant to the challenges settled by them upon review of the same and the result of the NEET (UG) 2026 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:14:02 Re-Examination held on 21.06.2026 was declared vide Press Release dated 16.07.2026. 19. It is pertinent to mention that as per the pre-defined and pre declared norms of the examination, the Final Answer Keys were applied in the response (s) of all the candidates and based on the Revised/ Final Answer Key only, the result was prepared and declared.” 10. A perusal of the paragraphs show that the objections to the provisional answer key received from the candidates were placed before the panel of eminent subject experts and thereafter the final answer key was prepared. 11. Once the subject experts have applied their mind and declared the final answer key, it is not for this Court to sit in judgment over the expert’s opinion. The law is clear and more particularly in Freya Kothari v. Union of India & Ors. (W.P.(C) No. 13668 of 2022, decided on 22 September 2022) has categorically held as under: "29. Moreover, this Court is not an expert in the field of medical science to sit over the decision taken by the experts and substitute it with its own wisdom. 30. As noted above, the scope of judicial review in such cases is limited. 31. It can be seen that the questions asked from the candidates are tricky and their answers cannot be argued to be in a straitjacket formula, as sought to be done by the petitioner. … 37. The law as settled by the Hon'ble Apex Court as well as this This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:14:02 Hon’ble Court does not permit this Court to doubt the wisdom of the experts. This Court does not feel the issues raised to be within the scope of judicial review.” 12. For the said reasons, I am unable to entertain the petition and the same is dismissed. 13. Pending applications, if any, also stand disposed of. JASMEET SINGH, J AUGUST 7, 2026/AS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:14:02