Gupta, C.J. -- 1. The matter has been placed before this Bench in terms of an order passed by a Division Bench of this Court on 29.6.2017 for opinion

of the Larger Bench on the following questions :

“(1) Whether this Court in exercise of power of judicial review can refer the matter to a Court chosen Expert?

(2) Whether in exercise of power of judicial review, this Court can act as Court of appeal to take a different view than what has been finalized as the model answer key by the Examining Body?

(3) Any other question, which the Larger Bench may think it appropriate at the time of hearing on the basis of assistance of the learned counsel for the parties.”

2. The said questions arises out of the fact that a Division Bench of this Court in a judgment reported as 2014(3) MPLJ 84 (Chanchal Modi v. State of M.P. and another) substituted the Model Answer Key finalized by the Public Service Commission on the basis of opinion of a Former Chief Justice of this Court after the matter was referred for his opinion.

3. A perusal of the judgment of this Court in Chanchal Modi’s case shows that the Public Service Commission sought opinion of a Former Judge of this Court, who did not