Judicial review does not extend to questioning expert-set question papers in competitive exams absent statutory violation or mala fides; voluntary participation precludes challenge; non-impleadment of successful candidates bars interference post-results.

ORDER (ORAL)

By Hon’ble Mr. Tarun Shridhar, Member (A):

The applicant herein was an aspirant to the Civil Services and to this effect participated in the Civil Services Examination (CSE), 2023. However, he has not been successful in the preliminary examination and the reasons outlined by him in the present OA is that the Civil Services Aptitude Test (CSAT) Paper I & II contained large number of questions which were out of syllabus. Mr. Sandeep S. Tiwari, learned counsel for the applicant explains that as per the notified syllabus of UPSC, the CSAT has to be of class – X level, however, the questions were of higher level and some of them were based on the law of probability. The applicant ventilates his grievances by virtue of the present OA seeking the following reliefs:

“(i) Issue an Order or Direction, thereby directing the Respondent to conduct re-exam or allow compensatory attempt to all the candidates irrespective of their age and number of attempts, as this exam contains questions that are out of syllabus and questions that are not Class X Level, of Civil Services Preliminary Examination 2023. And

(ii) Direct the commission to examine by an expert committee and then further action regarding these questions be taken on the basis of recommendations of the committee.

(iii) Pass any order/direction restraining the UPSC to act any further in pursuance of the result dated 12.06.2023.

(iv) Pass any other or further orders as may be deemed fit and proper in the circumstances of the case.”

2. Mr. R. V. Sinha, learned counsel, who has appeared on advance service on behalf of the respondents questions the maintainability of the OA. He further draws attention to an order/judgment pronounced by this very Bench of this Tribunal in OA No. 1782/2023 on 03.08.2023 and submits that the issues flagged by the applicant in the present OA have been dealt with elaborately by this very Bench of the Tribunal in the said OA. He further confirms that the said order/judgment has been affirmed by the Hon’ble High Court. The order/judgment in OA No. 1782/2023, reads as under:

“The applicants are aspirants for Civil Services and have participated in the Civil Services Examination-2023 conducted by the Union Public Service Commission (UPSC). This examination is said to be conducted in three stages and so far, these applicants have participated only in the first stage which is called the Preliminary Examination. Their grievance is that Paper-II of the Civil Services Aptitude Test (CSAT) which forms one of the two papers in the Preliminary Examination, contains a large number of questions which are not in accordance with the syllabus notified for the said examination.

2. They ventilate their grievance in the present OA seeking the following reliefs:

a. It is prayed that the Tribunal may direct the commission to reduce the cut off for Paper II CSAT from 33% to 23%.

b. Alternatively, since this exam contains questions that are out of syllabus and questions that are not Class X level, same may be examined by an expert committee and then further action regarding these questions be taken on the basis of recommendations of the committee.

c. Alternatively, this Tribunal should direct the commissions to conduct re exam for Paper II (CSAT) as part of Civil Services Preliminary Examination 2023.

d. Pass any such order as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the present case.

Shri Salman Khurshid, learned senior counsel appearing on behalf of the applicants briefly narrates the background of this subject and draws our attention to the notified syllabus for the said examination. He clarifies that Civil Services Aptitude Test (CSAT) Paper-II is only qualifying in nature; however, the implications are that only those candidates who qualify in thi