IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Rekha Borana, JJ.
Suman Kumari D/o Shri Devkaran - Appellant
Versus
State of Rajasthan, Through the Secretary, Department Of Agriculture and ors. - Respondents
D.B. Spl. Appl. Writ No. 262 of 2022
Decided On : 02-05-2022
Constitution of India,1950 - Articles 226 – Power of High Court to issue Certain Writs - Seeking to question revised answer key - Seeking direction for preparation of a fresh answer key - To ignore erroneous answers based on material produced - Re-evaluate answer sheets – Held, In view of above precedents (referred to supra) governing controversy on all faces and on facts and circumstances as available on record, Court firm view that impugned order passed by Single Bench is unassailable - Hence, Court give our imprimatur to impugned order passed by Single Bench dismissing writ petition of appellant writ petitioner on basis of Judgment in case of Phoosgir (supra) - Appeal dismissed.
ORDER :
1. The instant intra court appeal has been preferred by the appellant Ms. Suman Kumari being aggrieved of the order dated 29.03.2022 passed by learned Single Bench whereby, the writ petition preferred by the petitioner (a) Seeking to question revised answer key issued by the Rajasthan Subordinate and Ministerial Service Selection Board for recruitment on the post of Agriculture Supervisor pursuant to the advertisement dated 05.02.2021; (b) Seeking direction for preparation of a fresh answer key for considering objections raised by the writ petitioner for the disputed questions; (c) To ignore the erroneous answers based on the material produced by the writ petitioner; (d) re-evaluate the answer sheets and issuance of a fresh select list of provisionally selected candidates, was rejected.
2. The writ petition (S.B. Civil Writ Petition No.4011/2022) preferred by the petitioner was rejected by the learned Single Bench by recording concession of the counsel that the controversy involved in the writ petition was squarely covered by the ratio of the judgment in the case of Phoosgir & Ors. Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.17265/2021) and other connected matters which had been dismissed vide order dated 23.03.2022 and thus, the writ petition of the petitioner may also be dismissed in light of the above judgment.
3. Learned counsel representing the appellant petitioner, vehemently and fervently contended that dismissal of Phoosgir’s writ petition would not per se, disentitle the petitioner from raising her genuine grievances regarding the faulty/vague questions. He urged that some of the disputed questions which were propsoedin the featured recruitment process, were also incorporated in another recruitment process undertaken by Uttar Pradesh Police Department and if a comparative analysis is made of the question paper/ answer key of the present recruitment process and that adopted by the Uttar Pradesh Police Department, an apparent discrepancy is visible which entitles the writ petitioner appellant to question the bonafides of the decision taken by the respondents in issuing revised answer key.
4. We have given our thoughtful consideration to the submissions advanced at bar and, have gone through the material available on record.
5. At the outset, it may be noted here that since the writ petition of the appellant petitioner has been decided on the basis of ratio of judgment of Phoosgir, it would be apt to reproduce the conclusions drawn by the learned Single Bench while resolving the controversy presented in the said case :-
“Learned counsel for the parties were heard on the various questions.
The petitioners have filed extracts from books/material seeking to support their contentions in relation to the validity of the questions/answers and the decision of the expert committee thereon.
It would be appropriate to reproduce the disputed questions, the final answer based on decision of the expert committee and view of the expert committee :
Question No.2 : fdl fodYi ds leLrin dk lekl&foxzg vlaxr gS\
¼,½ frjlB & rhu vkSj lkB
¼ch½ eqfuJs"B & Js"B gS tks eqfu
¼lh½ iapik= & iap ¼ikap½ ik=ksa dk lewg
¼Mh½ ns'kHkfDr & ns'k dh HkfDr
Final Answer based on decision of the expert committee : (B)
View of the expert committee : eqfuJs"B dk lekl&foxzg ^eqfu;ksa esa Js"B* gksxkA vr% ;s vlaxr gSA tcfd fodYi esa ^Js"B gS tks eqfu* vafdr gSA vr% ;g vlaxr gSA
Question No.5 : fuEu esa ls v'kq) okD; dk p;u dhft, &
¼,½ eSaus jk/kk dks ,d iqLrd lefiZr dhA
¼ch½ izR;sd O;fDr dks lkfRod thou thuk pkfg,A
¼lh½ d`i;k njoktk can djus dk d"V djsaA
¼Mh½ ;g dke dksbZ odhy ls gh gks ldrk gSA
Final Answer based on decision of the expert committee : (D)
View of the expert committee : vk;ksx }kjk fn;k x;k mÙkj fodYi ^Mh* lgh gSA fo|kfFkZ;ksa us lekukFkhZ ds vk/kkj ij tks rdZ fn;s gSa] os d`i;k vkSj d"V ds lanHkZ esa mfpr ugha gSA vr% fo|kfFkZ;ksa ds vkCtsD'ku ekU; ugha gSA
Question No.9 : vFkZ dh n`f"V ls dkSu&lh yksdksfDr vlaxr gS\
¼,½ dkSvk pys gal dh pky & fcuk
SupremeToday
Limited scope of judicial review in matters involving expert committees' opinions and decisions
The scope of interference by the Court in the decisions of expert examining bodies in the field of education or public employment is necessarily limited, and the Court should be very slow in interfer....
The court established that an expert committee's evaluation of answer keys in recruitment processes is presumptively correct, allowing judicial restraint unless glaring errors are evident.
Courts should defer to the opinion of subject experts in public examinations and should not interfere with the examination process unless there is a glaring mistake that is totally apparent without a....
Limited judicial review and reluctance to interfere with the decisions of expert bodies in matters of limited expertise, as established by the Hon'ble Supreme Court's principles
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