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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
Beem Singh Rawat - Appellant
Versus
Hon'ble High Court of Delhi - Respondent
W.P. (C) 2784 of 2021, CM Appl. 9290 of 2021
Decided On : 08-03-2021




Judicial interference in examination results is limited to rare situations where a clear material error is established; courts should not reassess answers without evident justification.

Headnote:(A) Supreme Court decisions - Ran Vijay Singh & Ors. vs. State of Uttar Pradesh & Ors., (2018) 2 SCC 357 - Assessment of examination results - Judicial interference in examination results is permissible in rare and exceptional situations where material error is demonstrated - Courts should presume the correctness of the examination authority's key answers and should not scrutinize answer sheets without clear evidence of error (Paras 9.2, 10).

(B) The petitioner's claim for re-evaluation was dismissed as the court found the answers marked incorrect were appropriately assessed, and no sufficient grounds were presented for examination re-evaluation (Paras 8, 12).

Facts of the case:
The petitioner sought re-evaluation of his examination answers, arguing that errors were made in marking, which was refuted by the court. He needed four more marks in Part A to qualify for the English Typing Test, but his petition did not establish a material error in the assessment.

Findings of Court:
The court found that the answers challenged were deemed incorrect and ruled out the necessity for re-evaluation.

Issues: The primary issue involved whether there was a valid ground for re-evaluation of examination answers.

Ratio Decidendi: The court emphasized the limited scope for judicial interference in examination results and affirmed that the correctness of key answers should be presumed unless solid evidence to the contrary is presented.

Result: Writ petition dismissed.

Table of Content
1. petitioner requests re-evaluation of exam answers. (Para 2 , 3 , 4)
2. court finds no grounds for re-evaluation. (Para 5 , 6 , 7 , 8)
3. judicial limits on exam result interference. (Para 9 , 10)
4. writ petition dismissed due to lack of merit. (Para 11 , 12 , 13)

JUDGMENT

Manmohan, J. (Oral):--The petition has been heard by way of video conferencing.

2. Present writ petition has been filed for issuance of directions to the respondent to re-evaluate and re-check the answer sheet of the petitioner and to re-compute the eligibility/ merit list of the Junior Judicial Assistant/Restorer (Department) Examination, 2019. Petitioner also prays for an interim order to allow him to appear for the English typing test to be held on 14th March, 2021.

3. Learned counsel for the petitioner states that the petitioner was recruited on the rolls of respondent establishment as process server and is presently posted with the Delhi High Court Establishment. He further states that the petitioner appeared for the Junior Judicial Assistant/Restorer (Department) Examination, 2019 and when he didn't qualify the same, he sought the answer sheet vide RTI application. He points out that the petitioner made a representation dated 1st February, 2021 citing five questions (being question nos. 3, 5, 9, 10 and 25) that had been erroneously marked wrong, but the same have been rejected vide memorandum dated 1st March, 2021.

4. It is an admitted position that the petitioner required minimum twenty marks in both Part A and Part B to qualify for English Typing Test. Petitioner has admittedly received sixteen out of fifty marks in Part A and thirty four out of fifty marks in Part B. Petitioner needs four more marks to qualify in Part A.

5. This Court has perused the chart showing the details of the questions in which revaluation has been sought.

6. In our view, the petitioner's answers to question nos. two, four and five are either incorrect or not the most appropriate. The relevant portion of the chart showing question nos. two, four and five as well as petitioner's answers are reproduced herein below:-

S. No. Question No. and question Answer claimed to be right by the applicant Source of information
xxxxxxxxxxxx
2. Question No.5 i.e. (A) Neither (B) of them (C) are coming this evening (D) No error `A' `None' is also the right answer Different websites namely (i) `brainly.com' and (ii) Google search (homepage)
xxx xxx xxx xxx
4. Question No.10 i.e. The new incumbent to the job proved his ________ in his very first assignment. `compatibility' which is also the right answer Different websites namely online correction.com
5. Question No.25 i.e. God is good______me. (to/with/or/under/of) `with' which is also the right answer Different websites namely (1) brainly.com (2) online correction.com

7. In our view, the correct/most appropriate answers to question nos. two, four and five are- `No', `Competence' and `to' respectively.

8. In view of the aforesaid, this Court is of the opinion that it would be futile to undertake a revaluation exercise.

9. In fact the Supreme Court in The Supreme Court in Ran Vijay Singh & Ors. vs. State of Uttar Pradesh & Ors., (2018) 2 SCC 357, while discussing the law regarding judicial interference with the results of an examination has held as under:-

    "18. A complete hands-off or no-interference approach was neither suggested in Mukesh Thakur [H.P. Public Service Commission v. Mukesh Thakur, (2010) 6 SCC 759 : (2010) 2 SCC (L&S) 286 : 3 SCEC 713] nor has it been suggested in any other decision of this Court--the case law developed over the years admits of interference in the results of an examination but in rare and exceptional situations and to a very limited extent.

    xxx xxx xxx

    30. The law on the subject is therefore, quite clear and we only propose to highlight a few significant conclusions. They are:

    30.1. If a statute

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