Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHEEL NAGU, CJ, ANIL KSHETARPAL
Mukul Dhankhar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Anil Kshetarpal, J.
1. Introduction and submission made by the learned counsel representing the rival parties:-
1.1 The petitioner aspires to be a judicial officer, however, he failed to secure minimum passing marks as he fell short by 2 marks. He has filed the present writ petition challenging the correctness of answer given to question no.2 (iv) of English Language subjective examination.
1.2 As per the recruitment notice, no re-evaluation of answer sheets is permitted. However, learned counsel representing the petitioner while relying upon the judgments passed in Moonak Garg and others vs. Punjab and Haryana High Court and others (CWP-331 of 2023 decided in 29.09.2023) and Radhika Likhi vs. State of Punjab and others (CWP-4264-2016 decided on 09.06.2017) submitted that the answer sheet is required to be sent to another subject expert for re-evaluation. By referring to the various English dictionaries, learned counsel submits that the answer given to question 2 (iv) was correct and it has been wrongly marked as incorrect.
1.3 Per contra, learned counsel representing the respondents while drawing the attention of the Court to the recruitment notice submits that reevaluation
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....
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.
Court is to presume the correctness of answer key and proceed on that assumption. In the event of any doubt, benefit should go to the examination authority rather than to the candidate.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
