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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, SANJEEV NARULA
District & Sessions Judge (HQS) – Appellant
Versus
Narender Kumar – Respondent
| Table of Content |
|---|
| 1. factual background of selection process. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding re-evaluation of test results. (Para 8 , 9) |
| 3. judicial restraint in re-evaluating exams. (Para 10 , 11 , 12 , 13) |
| 4. final decision to set aside the impugned order. (Para 14) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Sanjeev Narula, J. (Oral)--The present intra-court appeals arise out of a common Order of the learned Single Judge dated 16th January, 2019 [hereinafter referred to as `Impugned Order']. Since the factual background and grounds of appeal urged therein are nearly identical, the same are being heard together and decided by way of this common judgment.
BRIEF FACTS
2. Briefly stated, in the month of December 2009, Appellant issued an advertisement for filling vacancies of 412 posts of Lower Division Clerk [hereinafter referred to as `LDC']. As per the selection criteria prescribed in the advertisement, the aspirants were required to qualify a typewriting test and have a minimum speed of 30 words per minute in English, followed by an interview.
3. Both the Respondents herein applied and qualified the typewriting test and were called for interview. Narender Kumar secu
Judicial review cannot extend to the re-evaluation of examination results; courts must respect the evaluators' judgments when properly conducted without clear procedural violations.
Courts should refrain from re-evaluating answer sheets or typewriting sheets and should presume the correctness of the criteria applied by the examining authority. The absence of any rule or procedur....
Judicial review allows for correction of computational errors in marking but not re-evaluation of exam criteria or assessment methodologies.
The finality of public examination results and the reluctance to interfere with expert decisions, as well as the absence of provisions for re-evaluation in the rules, precluded the petitioner's right....
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