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K. VINOD CHANDRAN, NANI TAGIA
Bihar Public Service Commission through the Secretary, Patna – Appellant
Versus
Eena Bahan D/o late Ramadhar Prasad, W/o Raj Shekhar Prasad – Respondent
JUDGMENT :
K. Vinod Chandran, CJ.
The appeal is filed by the Bihar Public Service Commission (for brevity ‘Commission’) against the directions of the learned Single Judge in the writ petition to constitute a fresh Committee of five subject experts of Indian Institute of Technology (I.I.T), Patna and N.I.T., Patna, who were tasked to find the definite answers to four questions in Set ‘B’ of the question papers; which would be placed before the Commission for considering the case of the petitioner alone and on revision of marks, if the petitioner is qualified, call her for interview. The learned Single Judge also observed that if there is no unanimity amongst the members of the Committee, the majority view should prevail.
2. Shri P.K.Shahi, learned Senior Counsel appearing for the Commission, points out that in effect, a re-evaluation is directed by the learned Single Judge; which even, according to the decision of the Hon’ble Supreme Court, relied on by the learned Single Judge, would not be permissible, if there is no stipulation for such a re-evaluation as per the rules or in the notification. It is pointed out that the Commission had constituted a Team of Experts for the purpose of
Re-evaluation of answer sheets is not a matter of right unless explicitly permitted by rules; fairness in evaluation must be upheld.
The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.
Judicial review in matters of academic evaluation is limited, and courts should defer to expert opinions unless there are specific provisions allowing for re-evaluation.
The court reaffirmed that examination key answers should be presumed correct unless explicit evidence shows otherwise, emphasizing judicial restraint in academic matters.
The KEA can amend finalized answer keys post-objection submissions if justified by substantial complaints, emphasizing the authority of expert committees in ensuring fairness in selection processes.
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