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

Case: Vivek Kumar Yadav V. Registrar General, Delhi High Court And Other Connected Matters

Coram: Justice Vibhu Bakhru and Justice Amit Mahajan

Case No.: W.P.(C) 8284/2022

Court Observation: “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,”

“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.”

“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,”

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Keywords

Delhi Judicial Service, Preliminary Examination, Answer Keys