Judicial review of examination answer keys is permitted only when keys are demonstrably unconstitutional, ensuring fair promotion processes for candidates.

JUDGMENT :

AMIT MAHAJAN, J.

CM APPL. 13037/2026 [exemption from filing of certified copy of the impugned order and true typed copies of dim / illegible hand written Annexures

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 2682/2026 & CM APPL. 13036/2026

1. The present petition has been filed assailing the order dated 30.10.2025 (hereafter ‘impugned order’), passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, (hereafter ‘Tribunal’) in O.A. No. 334/2023, whereby the O.A. filed by the Respondent/Sh. Amit Gulia was allowed.

2. The quintessential facets governing the present dispute are that the Respondent was appointed as Constable (Executive) in Delhi Police on 11.06.2007.

3. The examination for promotion to the post of Head Constable from Constable was conducted by the Department in the year 2021, in accordance with Rule 12 of the Delhi Police (promotion & Confirmation) (Amendment) Rules 2015 and (Amendment) Rules 2018, and the written examination was held on 26.12.2021.

4. The Question Paper Booklet consisted of 4 versions/Sets A, B, C and D, which had the same set of 100 MCQs but in a different order and each correct answer carried 01 mark.

5. The Answer Key was published on 29.12.2021 and a T.P. Message was also issued to inform all the candidates to verify the answers uploaded on Intra D.P. System and opportunity was also granted to the candidates to challenge any question/answer keys before the DCP/Headquarters-IV, Delhi, by 30.12.2021.

6. The Respondent, who had admittedly appeared in the above exam, filed his representation dated 30.12.2021, objecting to certain questions and their respective answers. Almost 270 candidates, including the Respondent, had filed their applications vide which they challenged about 21 questions. All applications and questions were examined by the Paper Setter, and since only 5 questions were accepted as wrongly printed/scripted, total 5 marks (01 mark for 1 question) were given to all candidates.

7. However, the objection to Question No. 24, 34, and 58 (from Set D) by the Respondent was rejected on 17.02.2022. The relevant details of the questions and the comments are reproduced as under: -

8. The final promotion list was released vide Hdqrs. Notification endst. No.6266-6360/Promotion Cell (A List) Desk-III/PHQ dated 25.03.2022. The Respondent was not promoted since he had secured total 111 marks i.e. 10 marks for Length of Service, 10 marks for Punishment free record and 91 marks in the Written Test, while the cut-off was 112 total marks for General Category (UR).

9. Aggrieved, the Respondent submitted several representations/ grievance complaints/RTIs within the period of May 2022 till November 2022, and was eventually constrained to approach the learned Tribunal by way of the of the above O.A. No. 334/2023, seeking the following reliefs: -

“ a) Quash and set aside the impugned T.P. messages dated 17.02.2022 (Annexure A/1) final result/promotion list dated 25.03.2022 (Annexure A/2) alongwith impugned orders dated 28.06.2022, 08.08.2022 and 20.12.2022 (Annexure A/3, A/4 and A/5) respectively.

b) direct the respondents to redraw and revise the results preparing a pure and correct answer key as stated in the preceeding paras and

c) further consider and appoint the applicant by way of promotion to the post of Head Constable (Exe.).

d) award all consequential benefits.

e) Pass any other order/direction which this Hon'ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”

10.