2026 DHC 3796
IN THE HIGH COURT OF DELHI AT NEW DELHI
VIVEK CHAUDHARY, RENU BHATNAGAR, JJ.
Central Board Of Secondary Education - Petitioner
Versus
Suyash Kumar Awasthi And Ors. - Respondents
W.P.(C) 5175 OF 2026, CM APPL. 25342 OF 2026, CM APPL. 25343 OF 2026
Decided On : 05-05-2026
Advocates Appeared :
For the Petitioner : Mr. MA Niyazi, SC with Ms. Anamika Ghai, Ms. Kirti, Ms. Nehmat, Mr.Adnan, Advs.
For the Respondent : Mr. Nitish Kumar, Mr. Amit Kumar, Mr.Shashank, Advs., Ms. Avshreya Pratap Singh, CGSC with Mr. Ankit Khatri, Ms. Nyasa Sharma, Ms.Usha Jamnal, Advs., Mr. Rohan Tripathi, GP for UoI.
| Table of Content |
|---|
| 1. factual background and procedural history of the impugned interim order. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. courts shall exercise restraint and avoid interference in expert academic determinations. (Para 8 , 9 , 10 , 11) |
| 3. candidates are estopped from challenging examination answer keys after unsuccessful results. (Para 12 , 13 , 14 , 15) |
| 4. failure to follow the prescribed objection mechanism renders a belated legal challenge unsustainable. (Para 16 , 17 , 18) |
JUDGMENT :
1. The present petition under Article 226 and 227 of the Constitution of India, assails the interim Order dated 15.04.2026, passed by the Central Administrative Tribunal (“Tribunal”) in O.A. No. 1260 of 2026, titled as Suyash Kumar Awasthi &Anr. vs. Union of India and Anr., (“Impugned Order”) whereby Respondent Nos. 1 and 2 were permitted to provisionally appear in Tier-II Examination for the post of Assistant Secretary under Direct Recruitment Quota Examination-2026 (“DRQ 2026”), to be held on 18.04.2026.
2. Briefly stated, the petitioner issued a recruitment notification dated 02.12.2025 for various posts including Assistant Secretary under DRQ-2026, prescribing a two-tier examination process, wherein candidates qualifying Tier-I would be eligible to appear in Tier-II.
3. The Tier-I examination was conducted on 31.01.2026, and the provisional answer key was uploaded on 11.02.2026, with a window from 12.02.2026 to 14.02.2026 for raising objections upon payment of the prescribed fee. The result of Tier-I was declared on 02.03.2026. Respondent No.1 secured 232 marks and Respondent No.2 secured 226 marks, both falling below the prescribed cut-off of 236 marks for the Unreserved category, rendering them ineligible for Tier-II examination.
4. Respondent No.1 failed to raise any objection within the stipulated time and only submitted a representation after declaration of result, which was not entertained being time-barred. Respondent No.2 raised objections to three questions within the prescribed time, which were duly considered and rejected by subject experts, and thereafter the final answer key was published. Aggrieved, the Respondent Nos. 1 and 2 filed O.A. No. 1260/2026 before the learned Tribunal seeking correction of the answer key, re-evaluation of their result, and consequential permission to appear in the Tier-II examination.
5. It is the case of the Respondent Nos. 1 and 2 that certain questions in the Tier-I examination, particularly Question Nos. 1 and 40 of Test Booklet ‘D’ (and corresponding questions in other booklets), contain either multiple correct answers or incorrect evaluation in the answer key, which has materially affected their result. As per the Petitioner before the learned Tribunal, the answer key had been finalized based on expert opinion. Further, the objections of Respondent No.1 were time-barred, and even if his claims were accepted, they would still not meet the cut-off marks. Pending adjudication of the said O.A., the respondents Nos. 1 and 2 sought interim relief to permit them to appear in the Tier-II examination, contending that denial thereof would render the O.A. infructuous. The learned Tribunal granted the said interim relief vide the impugned interim order dated 15.04.2026 directing that the Respondents be permitted to appear in the Tier-II examination provisionally, subject to outcome of the O.A.
6. Aggrieved thereby, the petitioner has preferred the present petition. During the pendency of petition, this Court vide Order dated 17.04.2026, permitted Respondent Nos. 1 and 2 to appear in the Tier-II examination provisionally, subject to outcome of the present petition. However, Respondent No. 2 has failed to avail such indulgence granted and did not appear in the said examination. Consequently, the proceedings, insofar as Respondent No. 2 is concerned, stand infructuous, and the present petition survives only with respect to Respondent No. 1.
7. We have heard the learned counsel for parties and perused the material
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