[RPSC RAS Prelims] Court Can't Determine Correctness Of Answer Key On Its Own, Scope Of Judicial Review Miniscule Only After Obtaining Expert Opinion: Rajasthan HC

The Rajasthan High Court has recently refused to quash the final answer key uploaded by the Rajasthan Public Service Commission (RPSC) in the RAS Preliminary Exam (2023) by reasoning that the power of judicial review can be exercised only in 'exceptional circumstances', i.e., only when it is found that the answer keys are shown to be 'palpably and demonstrably erroneous'.

The single judge bench of Justice Sameer Jain observed that when the disputed answers are seen through the lens of a prudent man, there does not appear any error apparent on the face of the record, which could have permitted the exercise of judicial review.

The scope of judicial review is miniscule, insofar as Court's interference is sparingly permissible, only after obtaining the opinion of experts, who have accumulated sufficient knowledge in their stream of academia. Regardless, the Courts, purely on their own volition and knowledge, cannot determine/ascertain the correctness of an answer-key, it said.

The court, with regards to the model answer key dated 01.10.2023, found that RPSC has rightly received objections and consulted with experts before finalising the answer key on 20.10.2023 by making the necessary changes. After considering the objections, RPSC deleted 5 questions altogether and changed the answers for three questions.

It found that for the rest of the 82 questions against which objections were received, no changes were entertained by RPSC. Noting that procedural fairness has been followed by RPSC throughout the exercise, the court further noted as below:

“…this Court whilst undertaking the exercise of judicial review, merely scrutinizes the process in question- administrative or statutory, but necessarily public in its outcome, to see if it was arrived at in a procedurally fair and regular manner, free from illegality and not motivated by malice or mala fides. The process and the impugned finding, ought not to be so manifestly unreasonable in its conclusion, that no reasonable individual placed in an akin situation would arrive at such a conclusion.”

The court, while refusing to interfere with the final answer key for the Prelims, iterated that expert opinion is the final word in academic matters. Courts don't have the requisite expertise or infrastructure to delve deep into the correctness of answers, Justice Jain noted.

It said that the court cannot 'sit in judgment over the findings of experts' to examine the material and arrive at its own conclusions as a court of appeal.

“As a result, the answer key should be assumed to be correct unless it is proved to be wrong, albeit the same should not be held to be wrong by an inferential process of reasoning or by a process of rationalization. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well-versed in the particular subject would regard as correct…”, the court also emphasised that such irregularities were not found in the instant case.

Especially when there is unending litigation for employment in public posts and the career trajectories of several youngsters are tied to the results of the same, the proceedings cannot be kept in abeyance for long, the court added.

“…It is also not possible in such circumstances to go on appointing committees, especially when the experts have duly analyzed the objections received from the candidates/petitioners and thereafter, released the final answer key dated 20.10.2023….”, Justice Jain has clarified in the order.

Case Title: Prema Ram Patel & Ors. v. State of Rajasthan & Ors. & Connected Matters

Case No: S.B. Civil Writ Petition No. 18130/2023

Citation: 2024 LiveLaw (Raj) 54

Click Here To Read/Download Order