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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Veeku – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition challenges marking of question 83. (Para 1 , 2 , 3) |
| 2. expert opinion selects 'varn' as correct. (Para 4) |
| 3. parties cite textbooks for conflicting answers. (Para 5 , 6) |
| 4. 'varn' upheld as shortest written unit. (Para 7 , 8) |
| 5. courts defer to exam experts' opinions. (Para 9 , 10 , 11) |
| 6. petition dismissed for lack of merit. (Para 12) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, petitioner has prayed for following main reliefs:
“i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent No.2 to re-evaluate Question No.83 of the Screening Test held on 15.06.2025 by treating both options “A – Dhwani” and “D – Varn” as correct answers as per the books approved by HP Board and NCERT, in the interest of justice.
ii) Direct the respondents to award one (1) along with 0.25 marks for negative marking, thereby revising the total marks of the petitioner as
63.50 marks, and to include his name in the final merit list under the SC category for the post of Constable (Male) and offer him appointment accordingly.
iii) Quash and set aside the rejection order (Annexure P-8) being illegal, arbitrary and violative of Article
Courts cannot re-evaluate exam answer keys or substitute expert opinions unless patently erroneous; presume key correctness; benefit of doubt to examination authority over candidates.
Courts should defer to expert committees' evaluations in academic matters unless mala fides are alleged; presumption of correctness applies to expert answers.
Judicial review in matters of academic evaluation is limited, and courts should defer to expert opinions unless there are specific provisions allowing for re-evaluation.
The Court cannot interfere with expert opinion unless key answers are patently wrong, and there is no provision for re-evaluation.
The main legal point established in the judgment is that re-evaluation of answer sheets is impermissible as per the advertisement and relevant rules. The court emphasized the importance of uniform ma....
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