IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Arun Bhansali, J.
Karma Ram S/o Shri Kishna Ram – Petitioner
Versus
Board of Secondary Education, Ajmer – Respondent
S.B. Civil Writ Petition No. 15986, 16767, 16769, 16823, 16825, 16851, 17382, 17759, 16453, 16472 of 2021, 97, 1409 of 2022
Decided On : 02-03-2022
Education Law - Rajasthan Eligibility Examination for Teachers - Examination - Expert committee - Validity of several questions - Seeking to question validity of final answer key published by respondent- Board of Secondary Education, Rajasthan ("Board") and consequential determination of the marks awarded to them at the examination - Held, The judicial review of decision of examining body be it in field of education or in recruitment to public employment, is extremely limited - Particularly when examination is being conducted by an expert body and disputed questions are scanned by specially constituted expert committee, Courts are extremely slow in interfering with decisions of such bodies. Unless it is pointed out that there is a glaring error or an irrational decision has been rendered Court in exercise of its writ jurisdiction under Articles 226 and 227 of Constitution of India would not interfere – Petitions to extent of petitioners, who have raised objection qua Question No.79 in subject Hindi of Series 'J', which is question No.84 in 'K' series, 73 in 'L' series, and 69 in 'M' series, are partly allowed - Respondent-Board is accordingly directed to get a fresh expert opinion by a different committee on said question and give effect to opinion of expert committee qua petitioners who have raised objections qua said question No.79 (Subject: Hindi) in 'J' series and qua same question in other series as well – Petitions rejected.
JUDGMENT :
1. These writ petitions have been filed by the petitioners, who are candidates at Rajasthan Eligibility Examination for Teachers, 2021 Level-I ("REET-2021") seeking to question the validity of the final answer key published by the respondent- Board of Secondary Education, Rajasthan ("Board") and consequential determination of the marks awarded to them at the examination.
2. It is, inter-alia, indicated in the writ petitions that the process for REET-2021 was issued by issuance of Advertisement No.1/2021 by the respondent-Board. The written examination was held on 26.09.2021. The model answer key was published on 23.10.2021 alongwith a press-note inviting objections to the model answer key, to which, it is claimed that the petitioners responded by filing objections to several questions. The Board after considering the objections, issued final answer key on 02.11.2021. It is submitted that the answers to few questions are still erroneous and/or the options to the answers are not appropriate in the final answer key. Submissions have been made that as per the authentic material, the final answer key does not reflect the correct answer. The result of the REET-2021 was published on the same date alongwith final key i.e. on 02.11.2021.
3. In the present writ petitions, though the petitioners have questioned the validity of several questions. However, during the course of submissions, counsel for the petitioners have confined their submissions to five questions and one of the petitioners, in CWP No.1409/2022, has addressed submissions on a question pertaining to subject-Gujarati.
4. Learned counsel for the petitioners with reference to the material produced alongwith writ petitions made submissions that the answers to Questions No.27, 28 and 79, of Code 'J' series, are incorrect in the final answer key and that qua question No.135 of 'J' series, the correct option is rather missing; and therefore, the respondents be directed to modify the final answer key and consequential result of the petitioners. Qua CWP No.1409/2022, submissions were made that the answer in the final answer key is incorrect.
5. Reliance was placed on judgment in Dalip Kumar & Ors. v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.13493/2020 decided on 20.12.2021.
6. Learned counsel for the respondent-Board made vehement submissions that the writ petitions filed by the petitioners seeking to question the validity of the final answer key has no substance and in fact the same are not maintainable. Submissions were made that after the objections were invited with the publication of the model answer key, all the objections on various questions were examined by an expert committee, which has dealt with all the objections and have given its opinion on various questions and insofar as the questions under challenge in the present writ petitions are concerned, the objections raised by the candidates have been rejected and, therefore, the determination made by the experts does not call for any interference by this Court.
7. Reliance has been placed on Vikesh Kumar Gupta & Anr. v. State of Rajasthan & Ors. : (2021) 2 SCC 309, Ran Vijay Singh & Ors. v. State of U.P. & Ors. : (2018) 2 SCC 357, RPSC v. Pankaj Raj : D.B.S.A.W. No.697/2019 decided on 29.05.2019 (at Jaipur Bench) and Lalit Mohan Sharma & Ors. v. RPSC & Ors. : 2016 (3) RLW 2082 (Raj.).
8. Under the directions of the Court, learned counsel for the respondent-Board has produced for perusal of the Court the determination made by the expert committee alongwith supporting material.
9. I have considered the submissions made by the counsel for the parties and have examined the disputed questions, final answer key, the material produced by the petitioners and the opinion of the experts.
10. The principle laid down by the Hon'ble Supreme Court, the latest being in the case of Vikesh Kumar Gupta (supra) as followed by the Division Bench (Jaipur Bench) in Rajkamal Basitha v. Rajasthan High Court, Jodhpur & Ors. : D.B
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