IN THE HIGH COURT OF DELHI AT NEW DELHI
Vibhu Bakhru, Tara Vitasta Ganju, JJ.
Rishabh Duggal - Appellant
Versus
Registrar General, Delhi High Court - Respondent
W.P.(C) 2342 of 2024 and CM No. 9702 of 2024 and W.P.(C) 2462 of 2024
Decided On : 20-03-2024
| Table of Content |
|---|
| 1. challenge to exam model answer key. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. the petitioners' objections regarding the model answer key. (Para 7 , 8) |
| 3. arguments against the revised answer key. (Para 9 , 10 , 11) |
| 4. judicial review limitations on examination evaluations. (Para 12 , 14 , 16) |
| 5. jurisdiction of judicial review in evaluative matters. (Para 13 , 15) |
| 6. determining correctness and ambiguity in answer questions. (Para 17 , 18 , 19 , 20 , 21 , 23 , 24 , 25 , 26) |
| 7. importance of clear and unambiguous questions in exams. (Para 22 , 31) |
| 8. final determination regarding multiple correct answers. (Para 32) |
| 9. setting aside rejected answer keys and re-evaluation. (Para 72 , 73) |
JUDGMENT
Vibhu Bakhru, J.
INTRODUCTION
1. The petitioners - who aspire to join the Delhi Judicial Services - have filed the present petitions challenging the Model Answer Key dated 20.12.2023 and the Revised Answer Key dated 29.01.2024 to the Preliminary Examination of the Delhi Judicial Services Examination 2023 (hereafter DJS Examination 2023). The petitioners have not qualified the said examination as the marks secured by them fall short of the threshold of 160.75 marks as declared by the respondent for the candidates of General Category. The respondent is hereafter referred to as the Examining Authority or DHC.
2. On 06.11.2023, DHC issued a Notification inviting applications for filling 53 (Fifty Three) vacancies including 9 (Nine) anticipated vacancies in the Delhi Judicial Services (hereafter DJS). The aspirants were required to qualify the DJS Examination 2023. The said examination comprises of three successive stages. The first stage being an objective type examination with 25% negative marking - Delhi Judicial Service Preliminary Examination (hereafter the Preliminary Examination). The candidates clearing the Preliminary Examination would be admitted to the second stage - the Delhi Judicial Service Mains (Written) Examination. The candidates qualifying the Delhi Judicial Service Mains (Written) Examination would be called for the third stage - Viva-Voce. The final list of candidates would be declared on the basis of the marks secured by candidates in the Delhi Judicial Service Mains (Written) Examination and the Viva-Voce.
3. The Preliminary Examination was held on 17.12.2023. It was an objective type examination to shortlist the candidates to be admitted to the Delhi Judicial Service Mains (Written) Examination. The marking scheme provided for equal marks for each question (one mark) with a negative 0.25 marks for an incorrect answer.
4. By a Notice dated 20.12.2023, the DHC released the Model Answer Key to the question paper for the Preliminary Examination (Booklet Series A to D) and invited objections regarding the same. The objections were to be submitted within a period of three days from the date of the said Notice, that is, by 05:30 p.m. on 23.12.2023.
5. It is relevant to note that whilst some of the petitioners [in W.P.(C) 2462/2024] objected to the model answers to certain questions, the other petitioners objected to answers to other questions. These included answers to some of the questions to which some of the petitioners had provided the answers in conformity with the Model Answer Key. In one sense, the petitioners in W.P.(C) 2462/2024 espoused conflicting views. Although it was contended on behalf of the DHC that the same was impermissible, we do not consider it apposite to examine that question in view of the decision of the Coordinate Bench of this Court in Shruti Katiyar v. Registrar General , Delhi High Court, Neutral Citation No. 2024: DHC:1437:DB. The Court had held that since one or the other candidates had objected to the Model Answer Key, the petitioner in that case could maintain the challenge notwithstanding that she had not raised any such objections.
THE CONTROVERSY
6. The Examining Authority had examined the representations received from the examinees and thereafter, had issued the Revised Answer Key. The Examining Au
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The court ruled that accepting two correct answers in an examination undermines evaluation standards, which require clarity and a singular correct response per question.
Judicial review of examination results is permissible only when demonstrable errors are shown in the evaluation process; not on mere disagreement with answer keys.
The scope of judicial review in challenging examination answer keys and the need for demonstrable error beyond any vestige of doubt to interfere with the examining body's decisions.
Judicial interference in examination results is limited to clear errors, supporting the principle that the opinion of expert committees prevails unless demonstrably incorrect.
Judicial review of answer keys in public examinations is limited; courts should defer to expert opinions unless errors are demonstrably clear.
Point of Law : Law that compassion sympathy or claim on basis of assessment cannot be permitted as entire examination process is derailed because some candidates are disappointed or dissatisfied or p....
Judicial review of examination answer keys is limited; courts should not interfere unless errors are clear and demonstrable.
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