IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sanjeev Prakash Sharma, J.
Manoj Yadav and Ors. - Appellants
Vs.
State of Rajasthan and Ors. - Respondent
S.B. Civil Writ Petition Nos. 15, 346, 171 of 2021, 14118 and 14791 of 2020
Decided On : 15-01-2021
Answer key - Objections - Not been considered properly - Challenged - Petitioner by way of this writ petition challenges revised answer key which has been published after obtaining objections from concerned participants, alleging that objections raised by petitioner has not been considered properly and answer of question No. 10 was wrongly left to be corrected and another question was also not deleted while revising answer key - Petitioner submits that answer to question No. 10 ought to be deleted as none of answers were correct - Submits that all options in question were incorrect and in support thereof has placed some certain excerpts of third Edition to submit that name as per Hameer was not which has been treated as correct option by respondents - Whether such a course could have been adopted by the High Court – Held, It may be noticed that revised answer key wherein questions have been deleted by examining authority which goes to show that examining authority has already consulted experts on objections raised by candidates and have taken a decision - In such event, this court would not substitute its opinion to that of experts which was relied upon for issuing of revised answer key - There will be no end to such queries and no answer key can be ever finalized - In view of the above, these writ petitions stand also dismissed with a cost imposed on petitioners to be deposited with Rajasthan High Court Bar Association, so that same may be utilized for purpose of welfare of Advocates during COVID-19 period - All pending applications stand disposed of.
JUDGMENT :
Sanjeev Prakash Sharma, J.
1. The issue raised in these writ petitions relating to answer key stands already decided by this Court in the case of Neha Salodia vs. State of Rajasthan & Others, SBCWP No. 15089/2020 decided on 7.1.2021, wherein this court held as under:-
This court finds that firstly this Court would not be in a position to become a historian and correct answers at its own level. Admittedly, the respondents have invited objections and thereafter on the basis of recommendations have deleted several questions-- answers in the answer key. The view of the experts cannot be substituted by this Court.
The aforesaid issue has already been decided by this court in the case of Nidhi Yadav & Another vs. The State of Rajasthan & Others, SBCWP No. 11840/2019, decided on 18.10.2019 wherein this court has held as under:-
"In view thereof, sanctity has to be given to such examination and such result are not required to be lightly interfered. In the case of HP Public Service Commission vs. Mukesh Thakur & Ors. rendered in AIR 2010 SC 2620 it was held:
"19. In view of the above, it was not permissible for the High Court to examine the question paper and answer sheets itself, particularly, when the Commission had assessed the inter-se merit of the candidates. If there was a discrepancy in framing the question or evaluation of the answer, it could be for all the candidates appearing for the examination and not for respondent No. 1 only. It is a matter of chance that the High Court was examining the answer sheets relating to law. Had it been other subjects like physics, chemistry and mathematics, we are unable to understand as to whether such a course could have been adopted by the High Court."
The same view was expressed by the Hon'ble Supreme Court in the case of Vikesh Kumar Gupta & Another vs. The State of Rajasthan & Others, Civil Appeal Nos. 3649-3650 of 2020 decided vide judgment dated 7.12.2020 wherein it was held as under:-
"13. A perusal of the above judgments would make it clear that courts should be very slow in interfering with expert opinion in academic matters. In any event, assessment of the questions by the courts itself to arrive at correct answers is not permissible. The delay in finalization of appointments to public posts is mainly caused due to pendency of cases challenging selections pending in courts for a long period of time. The cascading effect of delay in appointments is the continuance of those appointed on temporary basis and their claims for regularization. The other consequence resulting from delayed appointments to public posts is the serious damage caused to administration due to lack of sufficient personnel."
Even otherwise, prima facie, this Court finds that the petitioner has placed the excerpts relating to the third Edition which is not original edition as written by Hameer Rao known as Hameer Raso. This third Edition as per the Editor is the revised Edition written by Jodhraj and Shivnath thereto word used is Ranthambh. Thus, the answ
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.