IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SAMEER JAIN, J.
Nidhi Choudhary, D/o. Shri Rajendra Singh Bhamu and Ors. – Petitioners
Versus
The State Of Rajasthan, Through Its Principal Secretary, Department Of Panchayati Raj Department (Elementary Education) Government Of Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 10358 Of 2023
Decided On : 31-05-2024
Judicial Review - Teacher Recruitment - Article 226 - The court examined the validity of the final answer key issued by the RSSB, emphasizing the limited scope of judicial review in administrative decisions, particularly in academic matters, and upheld the expert committee's conclusions.
Fact of the Case:
The case involved a challenge to the final answer key issued by the RSSB for Teacher Grade-III recruitment, following objections to the preliminary answer key. The petitioners argued that the final key contained errors affecting their recruitment prospects.
Finding of the Court:
The court found that the final answer key was not demonstrably erroneous and upheld the expert committee's decisions, emphasizing the limited scope for judicial review in academic matters.
Issues: Whether the final answer key issued by the RSSB was palpably and demonstrably erroneous, warranting judicial intervention under Article 226.
Ratio Decidendi: Judicial review in academic matters is permissible only when an error is self-evident and does not require inferential reasoning; the court must defer to the expertise of the administering body.
Result: The court dismissed the writ petitions challenging the final answer key.
ORDER :
(Sameer Jain, J.) :
1. In the present batch of writ petitions, the scope of the controversy involved, albeit not limited to but is broadly and predominantly defined by the challenge raised regarding the correctness and/or validity of the final answer key dated 26.05.2023, as issued by the respondent-Rajasthan Staff Selection Board (hereinafter, RSSB), pursuant to the invitation of objection(s) from the applicants/candidates as against the preliminary answer key published on 18.03.2023.
2. Therefore, considering the fact that the writ petitions warrant adjudication on common questions of law; with the consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No. 10358/2023 titled as Nidhi Choudhary and Ors. vs. State of Rajasthan and Ors, is being taken up as the lead case. It is cautiously clarified that discrepancies in the present batch of writ petitions, if any, pertain purely to the factual narratives contained therein and not viz-a-viz the questions of law to be determined by this Court.
3. The overarching factual matrix, enveloping the lis to be determined by this Court, is noted herein-under:-
3.1 That the respondent no.5-RSSB issued advertisement dated 16.12.2022 for selection on the post of Teacher Grade-III (Level I).
3.2 That in total, 21000 posts came to be notified vide said advertisement.
3.3 That selection on the aforesaid posts was advertised to be based upon a competitive examination, scheme of which is noted herein-under:-
2. Maximum Marks: 300
3. Time Duration: 2 hrs. and 30 mins.
4. Negative Marking: 1/3 marks
5. Weightage per Correct Answer: 2 marks
3.4 That as per the advertisement, the candidates were required to fill the application form between 21.12.2022 to 19.01.2023.
3.5 That the written examination was conducted by the RSSB on 25.02.2023.
3.6 That on 18.03.2023, the RSSB issued the model answer key.
3.7 That on the same date, a press note was released inviting objections from the candidates as against the model answer key dated 18.03.2023. For doing so, the stipulated time given to the candidates was 20.03.2023 to 22.03.2023. At this nascent juncture, it is made clear that as per the record before this Court, it is reflected that not all the petitioners had raised objections against the model answer key, in the time frame so prescribed by the respondent-RSSB.
3.8 That on 26.05.2023, the RSSB released the final answer key.
3.9 That vide said final answer key, after taking note of the objections received against the 22 questions/answers in total, as provided in the preliminary answer key, the RSSB did the following:-
3.9.1 Deleted 5 Questions (Question Nos. 55,96,113, 149 and 150).
3.9.2 Changed the answers in 3 questions (Question Nos. 84,118 and 126).
3.9.3 Maintained the answers included in the preliminary answer key in 14 questions (Question Nos. 9,19,21,22,47,51,64,83,90,119,122,12,8,130 and 131).
3.10 That being aggrieved of the aforesaid deviations and/or non-deviations in the final answer key dated 26.05.2023, from the preliminary answer key dated 18.03.2023, the petitioners have approached this Court by way of the present batch of writ petitions.
3.11 That pursuant to the filing of the instant petition, vide order dated 12.09.2023, this Court as an interim measure, directed the RSSB to re-verify the conclusion with respect to the above-noted 22 questions, as indicated in the final answer key, through its body of experts within a period of 15 days.
3.12 That in compliance of the interim order dated 12.09.2023, the RSSB submitted a compliance report, which forms part of the record, having been placed in S.B. Civil Writ Petition No. 8893/2023 titled as Priyanka Sharma vs. State of Rajasthan and Ors.
3.13 That as per the compliance report so furnished, the RSSB pursuant to the re-verification of the final answer key dated 26.05.2023 by its body of experts, especially as against the objected 22 questions, maintained the answer
Kanpur University and Ors. vs. Samir Gupta and Ors. reported in 1983 AIR (SC) 1230
Guru Nayak Dev University vs. Saumil Garg and Ors. reported in (2005) 13 SCC 749
Himachal Pradesh Public Service Commission vs. Mukesh Thakur reported in (2010) 6 SCC 759
Ran Vijay Singh and Ors. vs. State of U.P. and Ors. reported in (2018) 2 SCC 357
Uttar Pradesh Public Service Commission
Vikesh Kumar Gupta and Ors. vs. State of Rajasthan and Ors. reported in (2021) 2 SCC 309
Bihar Staff Selection Commission and Ors. vs. Arun Kumar and Ors. reported in (2020) 6 SCC 362
Judicial review of answer keys is limited; courts should not substitute their judgment for that of experts unless errors are clearly demonstrable.
Judicial review of answer keys in public examinations is limited; courts should defer to expert opinions unless errors are demonstrably clear.
Judicial review of examination answer keys is limited; courts cannot substitute expert judgment unless answers are demonstrably erroneous.
The court affirmed that an answer key is presumed correct unless proven demonstrably erroneous, emphasizing respect for expert committee decisions in educational assessments.
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Point of Law : Practice of calling for answer scripts/answer sheets and thereafter to order re-evaluation and that too in absence of any specific provision in relevant rules for re-evaluation and tha....
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