Delhi High Court Dismisses Pleas Challenging Final Answer Keys Of Delhi Judicial Service Preliminary Examination 2022

The Delhi High Court has dismissed a bunch of pleas challenging the final answers keys of the Delhi Judicial Service Preliminary Examination, 2022, which was declared after considering the objections raised by various candidates.

A division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan dismissed four pleas filed the candidates who were unsuccessful in being shortlisted to appear for the Delhi Judicial Service Mains Examination as the marks secured by them in the preliminary examination fell short of the specified threshold.

The case of the petitioners was that certain questions were not given the appropriate answers and therefore, evaluation of the answer sheets was flawed. They had stated that if they were awarded the marks in respect of certain questions, which they claim were the most appropriate answers but were evaluated otherwise, they would clear the threshold of marks necessary to be eligible to appear for the main examination. The petitioners also claimed that certain questions were erroneous and therefore, all candidates must be granted marks for the same.

The petitioners thus challenged the list of shortlisted candidates and prayed that the same be modified on the basis of re-evaluation of the answer key.

Relying on various relevant judgments, the Court opined that unless it is found that there can be no vestige of doubt that the answer key is incorrect, the court would not intervene with the examination.

The Court said that merely because it is prima facie of the view that an answer to a question is erroneous, the same would not necessarily warrant interference in the evaluation process.

"The examining body may have its reasons to support the answer as correct or most appropriate. If the Court finds the decision of the examining body to be capricious, arbitrary or actuated by malice, it would be apposite for this Court to exercise judicial review on merits. The examining body must have its full play in choosing the manner in which it conducts the examination including the evaluation criteria and process," the Court said.

It added "Of course, the selection of questions and answers as well as the process in which the examination and evaluation is conducted must not be arbitrary or discriminatory. It is always possible that certain questions may have the propensity to confuse the candidates. It may also be possible to have another view regarding the correct answer. However, the same is required to be considered by the examining body and cannot be the subject matter of review on merits. Doing so, in effect, places this Court as an appellate body on the decision of the examining body taking its normal course. This is not the scope of judicial review under Article 226 of the Constitution of India, 1949."

The Court further said that the authorities had followed the procedure of inviting objections and that the petitioners had full opportunity to submit their objections. It also noted that the objections raised by the petitioners were duly considered by sufficiently qualified persons before the answer key was published. It thus concluded that there was no allegation of any malice or lack of bona fide.

"Thus, although they seek re-evaluation of the marks, according to them, the same can only be upward. Whilst, it may be accepted that other candidates, who are not parties to the petitions, cannot be prejudiced by the outcome of these petitions, however, it is difficult to accept that that the petitioners can draw benefit of the marks for the answers impugned in their petition," the Court observed.

Accordingly, the pleas were dismissed.

Title: VIVEK KUMAR YADAV v. REGISTRAR GENERAL, DELHI HIGH COURT and other connected matters

Citation: 2022 LiveLaw (Del) 528

Click Here To Read Order