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RAJIV SHAKDHER, TALWANT SINGH
Nitin Kumar Jain – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM aPPL. 47794/2021
1. allowed, subject to just exceptions.
W.P.(C) 15171/2021
2. This writ petition is directed against the order dated 12.03.2020, passed by the Central administrative Tribunal, Delhi [in short "the Tribunal"] in Ta No. 10/2017.
3. Mr Sumit Kumar, who appears for the petitioner, concedes that the instant writ petition was filed in and about 04.03.2021 i.e., nearly one year after the aforementioned impugned order had been passed.
3.1. The grievance articulated by the petitioner, albeit, in the second round, after the petitioner was relegated to the Tribunal, concerned the purported failure to clear the Central Teacher Eligibility Test, 2012 [in short 'CTET'] by one [1] mark.
3.2. The petitioner claimed that the answer given by him against question no.108 was the correct answer, and not the one which finds mention in the answer key uploaded by the Central Board of Secondary Education [in short "CBSE"] i.e., respondent no.2.
3.3. To be noted, respondent no.2/CBSE was mandated to hold CTET.
3.4. The answer key uploaded by responded no.2/CBSE qua the subject exam indicated that the option no.2 given against question no.108 was the correct answer. T
The delay in approaching the court and failure to explain the delay can work against the petitioner in seeking relief.
Delay in filing a writ petition undermines its viability, especially when an expert opinion supports the decision being contested.
Essential qualifications for educational appointments cannot be relaxed due to delays in qualifying examinations.
The importance of fair and transparent examination processes and the need to ensure uniform application of instructions for marking answer sheets.
The court cannot interfere with expert opinion on answer keys, cannot re-evaluate the answers, and must presume the correctness of the key answers. It cannot adjudicate academic matters.
The court emphasized the principle of non-differential treatment based on the date of qualification and ordered the extension of relaxation to the petitioners and applicants.
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