BADAR DURREZ AHMED, J

1. In this batch of petitions, the petitioners seek the quashing of the notice dated 23.12.2011 issued by the High Court of Delhi (hereinafter referred to as ‘the DHC’) whereby, on the basis of performance in the Delhi Judicial Service (Preliminary) Examination (hereinafter referred to as ‘the said DJS Exam’) held on 18.12.2011, 276 candidates have been short-listed for being provisionally admitted to the Delhi Judicial Service Examination (Written), subject to verification of their eligibility. The petitioners also seek a writ directing the DHC to evaluate the marks afresh of all the candidates who appeared for the said DJS Exam based on the corrections/ deletions/ amendments to the questions and answer keys. The petitioners also pray that the DHC be restrained from conducting the Delhi Judicial Service Examination (Main) till the entire results of the said DJS Exam are processed afresh.

2. The DHC had, in September 2011, issued a public notice in respect of 50 vacancies in the Delhi Judicial Service [23-general, 6 – SC, 15 – ST, 5 – Physically handicapped (blind/ low vision), 1 – Physically handicapped (orthopaedic)], indicating that for filling up those vacancies it would hold an examination in two successive stages:–

(1) Delhi Judicial Service Preliminary Examination (objective type with 25% negative marking) for selection for the main examination, and

(2) Delhi Judicial Service Main Examination (Written) for selection of candidates for calling for Viva Voce test.

3. In these petitions we are concerned with the Preliminary Examination (viz. the said DJS Exam) which was held on 18.12.2011 in which a total of 7250 candidates (including the petitioners herein) appeared. According to the syllabus for the said DJS Exam, the candidates were to be tested for their general knowledge and aptitude, their power of expression and flair in English, their knowledge of objective type legal problems and their solutions covering the Constitution of India, Code of Civil Procedure, Code of Criminal Procedure, Indian Penal Code, Contract Act, Partnership Act, principles governing arbitration law, Evidence Act, the Specific Relief Act and the Limitation Act.

4. The said DJS Exam was of the duration of 2 hours and 30 minutes and comprised of 200 objective type questions carrying multiple choices. Candidates were supplied with different booklet series -‘E’, ‘H’, ‘K’ and ‘P’ and corresponding OMR (Optical Mark Recognition) answer sheets. In each of the series, the said 200 questions were common but had been placed at different serial numbers. The OMR answer sheets were similarly prepared. For the purposes of convenience we shall be referring to booklet series ‘E’ and to the answer key in respect thereof.

5. The instructions for candidates, inter alia, stipulated as under:-“5. The duration of the test is 2 hours 30 minutes.

6. There are 200 questions. Each question has four answer options marked (1), (2), (3) and (4).

7. Answers are to be marked on the OMR Answer Sheet, which is provided separately.

8. Choose the most appropriate answer option and darken the oval completely, corresponding to (1), (2), (3) or (4) against the relevant question number.

9. Use only HB pencil to darken the oval for answering.

10. Do not darken more than one oval against any question, as the scanner will read such marking as wrong answer.

11. If you wish to change any answer, erase completely the one already marked and darken the fresh oval with an HB pencil.

12. Each question carries equal mark (s). There is Negative Marking and 25% marks will be deducted for every wrong answer.

16. The right to exclude any question(s) from final evaluation rests with the testing authority.”

6. As per the appendix read with Rule 15 of the Delhi Judicial Services Rules, the minimum qualifying marks in the preliminary exam is 60% for general and 55% for the reserved categories i.e., Scheduled Castes, Scheduled Tribes and Physically Handicapped. However, the