IMPORTANT POINT
The court's decision emphasized the limited scope of judicial review in examination processes and the need for demonstrable errors to warrant intervention.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The present petition has been filed seeking declaration that the Combined Graduate Level Examination Tier-II, 2023 (in short "CGLE 2023"), conducted by Respondent No.1/Staff Selection Commission (hereafter referred as "SSC") is erroneous, faulty, defective and discriminatory alongwith several other prayers which are as follows:

"a. ISSUE an appropriate Writ, Order or Direction in the Nature of MANDAMUS or any other Writ to the Respondents thereby declaring that SSC CGL Examination-2023 is erroneous, faulty, defective & discriminatory and violative of Article 14, 19 and 21 of the Constitution of India;

b. ISSUE an appropriate Wirt Order or Direction in the Nature of MANDAMUS or any other Writ to the Respondents thereby directing the Respondent No. 1 to re-evaluate/rechecking/re-totalling the Question ID: 264330172912, Question ID: 264330164754 and Question ID: 264330162641, Question ID: 264330164417, Question ID: 264330172352, Question ID: 264330173697, and Question ID: 264330171997 and its corresponding questions asked in SSC CGL Examination-2023 and release a fresh result dated 15.12.2023 for one Hours;

c. The petitioner respectfully requests that this Hon'ble court, in its wisdom, may constitute an expert committee for the purpose of rechecking the answer key pertaining to the questions raised by the petitioner in the present petition.

d. Issue a Writ of Mandamus Or Any Other Appropriate Writ, Order or Direction Under Article 226 of the Constitution directing the Respondent No.1 to permit reevaluation of answer scripts of candidates who appeared in Examination conducted on 26.10.2023.

e. Pass appropriate writ, order or direction(s) to the Respondent No.1 to re-evaluate/re-checking/retotalling the Petitioners papers.

f. Stay on ongoing joining procedure until the answer key is re- evaluated or link the joining procedures final outcome to the courts final decision in this petition case.

h. PASS any such other and further order(s) and or directions (s) as may be deemed fit in the facts and circumstances of the case."

2. The CGLE Mains Examination was conducted on 26.10.2023 in which the Petitioners appeared in all the stages. The Tentative Answer key was released by Respondent No.1/SSC on 30.10.2023 in which the Petitioners checked their correct answers and scored higher marks than the cut-off marks for qualification. Thereafter, the candidates submitted their post Option-cum-Preference Form online.

3. The Respondent no.1/SSC published the final result dated 04.12.2023 on the basis of the revised answer key dated 30.11.2023. The Names and Roll Numbers of the Petitioners were not reflected in the list of shortlisted candidates.

4. It is the case of the petitioners that the tentative answer key contained 2 questions which were evaluated incorrectly as per NCERT textbooks. By following the SSC's guidelines regarding challenging of wrong questions/answers, many candidates challenged those questions at the expense of Rs.100 per question. But instead of correcting the wrong questions and their answers, the Respondent No. 1 incorrectly altered the answers of 5 already correct questions in the Answer Key dated 30.10.2023. This incorrect alteration of the answers of 5 already correct questions in the Answer Key dated 30.10.2023 has resulted in a final result in which there is a variation upto 20 marks.

5. The Petitioners thereby had challenged the final Answer Key and question paper of the CGL Examination-2023 and prayed for re- evaluation of the answer script of the Petitioners and also prayed for stay on the pre-appointment procedure until the final outcome of the present petition.

6. This Court vide its Order dated 21.12.2023 had, while issuing notice on the present petition, also granted an order of no prejudice against the petitioners, which is extracted hereunder:

"21.12.2023

1. This matter is received on transfer.

2. Heard.

3. Issue notice.

4. Learned counsel a