Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Guj) 4626

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nirzar S. Desai, J
Jaymin Mukeshbhai Patel – Appellant
Versus
Union Of India – Respondent
R/SPECIAL CIVIL APPLICATION NO.12450 of 2025

Advocates:
For the Appellants/Petitioners: Megha Jani, Krisha M Bhimani
For the Respondents: Naresh Kaushik, Bhagyodaya Mishra, Harsheel D Shukla, Pradip D Bhate

Courts may intervene in competitive examination processes if there is a manifest error in question evaluation and procedural delays by the examining authority result in procedural injustice, provided such interim directions do not violate core eligibility rules or create vested rights.

Headnote:(A) Constitution of India - Articles 112, 113, 226, 32 - Competitive Examinations - Challenge to answer key and procedural fairness - Where an examining authority publishes answer keys only after the final selection process is concluded, such delay denies candidates the opportunity to contest potential errors, rendering the process susceptible to challenge - Court intervention is permissible where a prima facie error in the evaluation of a question is established and procedural lapses result in irreparable harm to the candidate - Such directions for interim participation in subsequent stages of the selection process do not create vested rights or equity for the candidate. (Paras 6, 6.2, 6.3, 14)

(B) Judicial Review - Interference in examination processes - Scrutiny of academic assessments is strictly limited to instances of patent illegality or perversity - While deference is accorded to the expertise of the examining body, the Court retains the authority to provide remedial relief when the application of absolute procedural timelines results in manifest injustice. (Paras 9, 10, 11)

Facts of the case:
The candidate challenged the correctness of an answer key provided for a preliminary examination question. The examination authority released the final answer keys only after the entire examination and interview process had concluded, effectively barring the candidate from challenging the error in time. The candidate, narrowly missing the cutoff marks due to the alleged error, sought permission to participate in subsequent examination stages as a remedial measure.

Findings of Court:
The Court observed that the answer provided for the contested constitutional question was prima facie incorrect when scrutinized against legal provisions. The Court held that the procedural practice of publishing answer keys only after the final recruitment process renders candidates remediless. Balancing the interests of the candidate against those of the examining body, the Court permitted the candidate to proceed to the interview stage subject to an undertaking that no right or equity is created by this participation, with the result to be kept in a sealed cover.

Issues: Whether the court should interfere with the answer key of a competitive examination, and whether a candidate should be permitted to participate in a subsequent examination batch as an interim remedial measure when academic authorities delay the publishing of answer keys.

Ratio Decidendi: Judicial intervention in academic evaluations is warranted when there is a manifest error in the assessment process and when procedural delays by the authority effectively deny a candidate access to legal remedies, thereby necessitating a via media to protect the interests of justice without creating undue equity.

Result: Petition listed for final adjudication; interim relief granted allowing participation in the oral interview stage subject to specific conditions.

Judgement Key Points

Key Points: - The petitioner challenged the UPSC's answer key for Question No. 25 of the 2024 Civil Services (Preliminary) Examination, arguing that the correct answer should be option (b) rather than option (c) (!) (!) (!) . - The petitioner alleged that the UPSC's erroneous evaluation of this question resulted in a shortfall of 2.06 marks, causing the petitioner to miss the cut-off for the Mains Examination (!) . - The High Court observed that the UPSC's practice of publishing answer keys after the final results are declared renders candidates remediless (!) . - A coordinate Bench previously granted interim relief allowing the petitioner to appear in the 2025 Indian Forest Service (Main) Examination, with results to be kept in a sealed cover (!) (!) (!) . - The Supreme Court dismissed the UPSC's Special Leave Petition against the interim order, declining to interfere with the High Court's directions (!) (!) . - The petitioner qualified in the written examination for the 2025 batch, as revealed from the sealed cover opened in court (!) . - The Court directed the UPSC to allow the petitioner to appear for the oral interview for the 2025 batch, subject to the petitioner filing an undertaking that this participation creates no equity or right to appointment (!) (!) . - The results of the petitioner's oral interview are to be kept in a sealed cover and presented to the Court at a later date (!) . - The matter is listed for final adjudication on 23.06.2026 (!) .

What is the correctness of the answer key provided by the UPSC for Question No. 25 in the General Studies Paper-I of the Civil Services (Preliminary) Examination, 2024?

What are the rights of a candidate to participate in the Indian Forest Service (Main) Examination and subsequent oral interviews when the final answer key for the preliminary examination is released after the final results are declared?

Table of Content
1. mandamus sought for answer key correction and exam participation. (Para 1 , 2)
2. procedural history and established interim standing in examination. (Para 3 , 4 , 5)
3. parties' contentions regarding age limits and examination prejudice. (Para 6 , 7 , 8 , 9)
4. judicial discretion balancing equity and procedural fairness in exams. (Para 10 , 11 , 12 , 13 , 14 , 15)

ORAL ORDER

1. I have heard learned Senior Counsel Ms. Megha Jani assisted by Ms. Krisha M. Bhimani for the petitioner and learned Senior Counsel Mr. Naresh Kaushik with Mr. Bhagyodaya Mishra for the respondent No.2 – UPSC.

At the outset, learned Senior Counsel Mr. Naresh Kaushik has tendered an affidavit claiming privilege. The same is taken on record.

2. By way of this petition, the petitioner has prayed for the following reliefs :-

“(A) That the Hon’ble Court be pleased to issue a writ of mandamus and/or any other writ in the nature of mandamus or any other appropriate writ, order or direction

(1) commanding the Respondents to declare the Answer Key with respect to Question No. 25 in Test Booklet Series-D in General Studies Paper-I in Civil Services (Preliminary) Examination, 2024 conducted pursuant to Examination Notice No. 06/2024- IFOS dated 14.02.2024 is incorrect and consequently, revise the marks obtained by the Petitioner; Annex A

(ii) commanding the Respondents to allow the Petitioner to take one attempt of the the Indian Forest Service (Main) Examination;

(B) That pending the hearing and final disposal of this Petition the Hon'ble Court be pleased to direct the Respondents to allow the Petitioner to fill up/submit/upload form for Indian Forest Service (Main) Examination pursuant to Examination Notice No. 06/2025- IFOS dated 22.01.2025 and to allow the Petitioner to participate in the Main Examination which is scheduled to commence on 16.11.2025 or on such date as it may be rescheduled and in further selection process for the Indian Forest Services;”

3. In view of the relief prayed for, the matter was heard by the coordinate Bench extensively and after by-parte hearing, on 15.10.2025, the coordinate Bench has passed an elaborate order, which reads as under :-

“1. Heard learned advocate Ms. Megha Jani for Learned Advocate, Ms. Krisha M. Bhimani for the petitioner, Learned Advocate Mr. Harsheel Shukla for respondents no. 1.1 and 1.2 and learned Advocate Mr. Bhagyoday Mishra for respondent no. 2.

2. By way of this petition, the petitioner has inter alia, raised a grievance as regards the petitioner having been deprived from appearing in the Mains Examination conducted by the UPSC in the Civil Services Examinations, more particularly on account of the UPSC committing an error insofar as assessing the question in General Studies Paper-I in Civil Services (Preliminary) Examination, 2024 conducted by the UPSC.

3. It is the case of the petitioner that the petitioner had applied for selection to the post of Indian Forest Services (IFS) in UPSC 2024 Examination and whereas, the Civil Services (Preliminary) Examination, 2024 was conducted on 16.06.2024.

3.1. It appears that the results of the preliminary examination were declared on the 01.07.2024 and whereas the candidates who had qualified were permitted to appear in the Indian Forest Service (Mains) Examination, 2024. It would appear that while the petitioner had applied for copy of O.M.R. sheet under the Right to Information Act, he had been intimated that copies of the same would be provided only after the entire process i.e. after the declaration of the final results. It would appear that the examination for the post in question had been conducted by the UPSC on the 24.11.2024 and whereas on 30.01.2025 the results were declared and after the interviews were conducted, on 19.05.2025 the final result came to be declared by the UPSC.

3.2. It would appear that the UPSC had declared the answer key with regard to General Studies Paper-I and Paper-II i.e. the preliminary examination on 21.05.2025. Para

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2026 Supreme(Online)(Guj) 4626

IN THE HIGH COURT OF GUJARAT AT AHMEDABADNirzar S. Desai, JJaymin Mukeshbhai Patel – AppellantVersusUnion Of India – RespondentR/SPECIAL CIVIL APPLICATION NO.12450 of 2025

Courts may intervene in competitive examination processes if there is a manifest error in question evaluation and procedural delays by the examining authority result in procedural injustice, provided such interim directions do not violate core eligibility rules or create vested rights.

What is the correctness of the answer key provided by the UPSC for Question No. 25 in the General Studies Paper-I of the Civil Services (Preliminary) Examination, 2024?

What are the rights of a candidate to participate in the Indian Forest Service (Main) Examination and subsequent oral interviews when the final answer key for the preliminary examination is released after the final results are declared?

Cases Referred (1)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nirzar S. Desai, J
Jaymin Mukeshbhai Patel – Appellant
Versus
Union Of India – Respondent
R/SPECIAL CIVIL APPLICATION NO.12450 of 2025