[Public Service Recruitment] Judicial Review Should Be Rarely Exercised If Provision For Revaluation Of Answer Sheets Is Absent: SC [Read Judgment]

The Supreme Court has reiterated that, that in the absence of any provision for revaluation of answer sheets, judicial review should be rarely exercised.

In this case, the Patna High Court had set aside the results of the main examination conducted by Bihar Staff Selection Commission the BSSC to to 1569 vacancies in Class III posts, in various departments of the Government of Bihar. It also directed the BSSC to prepare fresh results of the Graduate Level Combined Examination-2010, in accordance with the directions of the Court in relation to deletion/modification of questions and answers as stipulated in the judgment.

While considering the appeals filed against the High Court judgment by the Commission and some candidates, the bench comprising of Justices Rohinton Fali Nariman and S. Ravindra Bhat said:

This court reiterates that the scope of judicial review under Article 226 in matters concerning evaluation of candidates-particularly, for purpose of recruitment to public services is narrow. The previous decisions of the court have constantly underscored that in the absence of any provision for reevaluation of answer sheets, judicial review should be rarely exercised - preferably under exceptional circumstances.

Examining the records of the case, the bench opined that that the unilateral exercise of re-valuation undertaken by the High Court has 'not solved, but rather contributed to the chaos'. It said:

"No rule or regulation was shown by any party during the hearing, which justified the approach that was adopted. The BSSC, in our opinion, acted correctly in the first instance, in referring the answers to a panel of experts. If there were justifiable doubts about the recommendations of that panel, the least that should have been done, was to require the BSSC to refer the disputed or doubtful questions to another expert panel. That was not done; the "corrections" indicated by the single judge were accepted by the BSSC; several candidates who made it to the select list freshly drawn up pursuant to his directions, were appointed. The Division Bench, thereafter undertook the entire exercise afresh, compounding the matter further by not referring the disputed questions to any panel of experts. We are left reiterating the lament, (made in Ran Vijay) that the High Court's interference has not resulted in finality "to the result of the examinations" despite a long lapse of time. There is an air of uncertainty about the entire selection - nay, the entire cadre, because the inter se seniority of selected (and appointed) candidates is in a state of flux"

The bench, while admitting the appeal had appointed an expert committee. It disposed the appeal by directing the BSSC to evaluate and publish the results afresh, in the light of the recommendations and report of the experts subject to care being taken by the BSSC and the Govt. of Bihar, not to disturb appointments made previously pursuant to the directions of the single judge. 

Case no.: SLP (C) No(s). 23202-23204 OF 2015
Case name: BIHAR STAFF SELECTION COMMISSION vs. ARUN KUMAR
Coram: Justices Rohinton Fali Nariman and S. Ravindra Bhat

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