NEW DELHI: In the case of VIVEK KUMAR YADAV v. REGISTRAR GENERAL, DELHI HIGH COURT, Delhi High Court dismissed a bunch of pleas challenging the final answers keys of the Delhi Judicial Service Preliminary Examination, 2022.
The Bench headed by Justice Vibhu Bakhru and Justice Amit Mahajan dismissed a number of pleas filed by the law students and by the candidates who are unable to clear the Delhi Judicial Service Mains Examination as the marks secured by them in the preliminary examination fell short of the specified threshold.
The Court said -“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,”
Further, “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.”
By giving clearance, Court said that the respected authorities had followed all the procedures 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.
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