2025 Supreme(Mad) 3032
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
Dr. Akash S. – Petitioner
Versus
The State of Tamil Nadu, represented by the Principal Secretary to Government, Department of Health and Family Welfare and Ors. – Respondents
W.P.No.7711 of 2025 And W.M.P. Nos. 8655 & 8657 of 2025
Decided On : 28-03-2025
For the Petitioner: Mrs. Y. Kavitha for P.V.S. Giridhar Associate
For the Respondents:Mr. M. Bindran, Additional Government Advocate, Mr. J. Ravindran, Additional Advocate General assisted by Mr. L. Murugavelu, Mr. U. Bharanidharan.
Important Points
Subject
Administrative Law - Public Service Recruitment
Act Referred
Headnote
Facts of the case:
The petitioner challenged his non-selection based on the examination held on 05.01.2025, arguing incorrect answers for two questions, seeking reassessment. The petition lacked independent objections raised to the governing body regarding key answers.
Findings of Court:
The court confirmed the examination authority's process and upheld the correctness of the Expert Committee's answers.
Issues: The main issues revolved around the petitioner's claims of incorrect exam answers and the corresponding response from the Expert Committee.
Ratio Decidendi: The court stated, "it would be prudent and safe for the Courts to leave the decisions to the academicians and experts" and reiterated the need for deference to Expert Committees.
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioner's challenge to provisional selection list. (Para 1 , 2) |
| 2. arguments regarding correctness of answer keys. (Para 3 , 5) |
| 3. court's deference to expert committee's decisions. (Para 6 , 8 , 10 , 12) |
| 4. judicial restraint in academic matters. (Para 7 , 9 , 11 , 26) |
| 5. importance of following established legal precedents. (Para 13 , 14 , 15 , 16) |
| 6. court cannot substitute its judgment for expert evaluations. (Para 17 , 18 , 19 , 20) |
| 7. limitations on court's role in academic evaluations. (Para 21 , 22 , 23 , 24 , 25) |
| 8. challenging key answers requires strong evidence. (Para 27 , 28 , 29 , 30 , 31) |
| 9. expert committee findings to be presumed correct. (Para 32 , 33 , 34 , 35) |
| 10. final dismissal of the writ petition. (Para 36) |
ORDER :
(C.V. KARTHIKEYAN, J.)
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to the provisional selection list dated 20.02.205 in PSL No.01/MRB/2024 with respect to the post of Assistant Surgeon (General) issued by the second respondent and quash the same in so far as the non selection of the petitioner is concerned and direct the respondents to constitute an Expert Committee to re-assess the revised answer key for Question No.5 and Question No.20 and direct the second respondent to re-issue the provisional selection list for the said post and select the petitioner herein.
2. In the affidavit filed in support of the Writ Petition, it had been contended that the writ petitioner had applied for the post of Assistant Surgeon (General) consequent to a notification issued by the second respondent. The petitioner attended the examination held on 05.01.2025. The tentative answer keys were revised by the second respondent on 08.01.2025. The petitioner had obtained 58 marks instead of 61 marks which he expected he would receive. He challenges the correctness of the key answers given to Question Nos. 5 and 20.
3. The learned counsel for the petitioner argued that with respect to question No.5, the key answer suggested by the respondent was 'a'. On the other hand, the petitioner claims that the answer given by him, namely, 'b' alone is correct. With respect to question No.20, the petitioner contends that the key answer given namely, 'd' is wrong and that the correct answer is 'b'. In this connection, with respect to question No.5, the petitioner had placed reliance on the reference material, Davidson's Principles and Practice of Medicine, 24th edition. With respect to question No.10, the petitioner placed reliance on the study materials Harrison's Mannual of Medicine 20th Edition at Page No.714 and Ganong's Review of Medical Physiology 26th Edition. The learned counsel for the petitioner argued that the respondents must therefore form a separate committee to examine the correctness of the key answers provided by them and verify whether the key answers as given by the petitioner alone are correct.
4. The petitioner filed an additional affidavit stating that the petitioner had not independently submitted any representation to the second respondent raising objections as to the correctness of the key answers.
5. In this connection, the learned counsel for the petitioner placed reliance on the Judgment reported in (1983) 4 SCC 309 [ Kanpur University and others Vs. Samir Gupta and others ] and placed specific reference to paragraph Nos. 16, 17 and 20 which are as follows:-
“16. Shri Kacker, who appears on behalf of the University, contended that no challenge should be allowed to be made to the correctness of a key answer unless, on the face of it, it is wrong. We agree that the key answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well-versed in the particular subject would regard as correct. The contention of the