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2024 Supreme(Del) 714

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

Advocates appeared:
Mr Zoheb Hossain, Mr Vivek Gurnani and Ms Sara Jain, Advocates along with petitioner in person.
Dr. Amit George, Mr Arkaneil Bhaumik, Mr Rayadurgam Bharat, Mr Piyo Harold Jaimon, Mr Adhishwar Suri, Mr Rishabh Dheer and Mr Shashwat Kabi, Advocates, for the Respondent.
Mr Prashant Manchanda, Mr Angad Singh, Ms Nancy Shah, and Mr Vishal, Advocates, for the Petitioner.
Dr Amit George, Mr Arkaneil Bhaumik, Mr Rayadurgam Bharat, Mr Piyo Harold Jaimon, Mr Adhishwar Suri, Mr Rishabh Dheer and Mr Shashwat Kabi, Advocates, for the Respondent.

The court ruled that accepting two correct answers in an examination undermines evaluation standards, which require clarity and a singular correct response per question.

Headnote:(A) Delhi Judicial Service Rules, 1970 - The court examines the legality of the Revised Answer Key issued for the Delhi Judicial Services Examination 2023, focusing on its compliance with established evaluation standards. The Examining Authority's determination to accept two correct answers for certain questions was held incompatible with the marking scheme, resulting in confusion amongst examinees. Under established judicial review principles, the court underscored that evaluation criteria must maintain clarity and singular appropriateness of answers to avoid penalizing candidates. The court found that ambiguity or multiple answers contradicts the intention of objective assessments, warranting intervention and modification of the Revised Answer Key to ensure fairness in evaluation processes. (Paras 6, 31, and 72)

Facts of the case:
Petitioners challenged the Model and Revised Answer Keys for the Preliminary Examination of the Delhi Judicial Services, claiming conflicting views and errors that led to their disqualification. They argued that the Revised Answer Key improperly accepted two answers for some questions, affecting evaluation fairness. Various representatives expressed their objections during proceedings.

Issues: The court primarily addressed the validity of two correct answers as per examination norms and whether the Revised Answer Key erroneously accepted such responses.

Findings of Court:
The Revised Answer Key was revised to reflect legally correct outcomes, ensuring no candidate's admission was disturbed except for a reevaluation based on updated criteria.

Ratio Decidendi: The court affirmed judicial review limitations on examination validity unless blatant arbitrariness is evident; however, it recognized dual correct answers undermine clarity and fairness in tests.

Result: Petitions partly allowed, directions issued for a corrected Revised Answer Key with reevaluation procedures.

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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