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IN THE HIGH COURT OF DELHI
Vibhu Bakhru, Amit Mahajan, JJ.
Vivek Kumar Yadav - Appellant
Versus
Registrar General, Delhi High Court - Respondent
W.P.(C) 8284 of 2022 and CM Nos. 24966 of 2022, 24967 of 2022 & 24968 of 2022 and W.P.(C) 8345 of 2022 & CM No. 25150 of 2022 and W.P.(C) No. 8551 of 2022, CM Nos. 25720 of 2022 & 25721 of 2022 and W.P.(C) No. 8570 of 2022 & CM No. 25776 of 2022
Decided On : 01-06-2022




Judicial review of examination results is permissible only when demonstrable errors are shown in the evaluation process; not on mere disagreement with answer keys.

Headnote:(A) Judicial Service Examination - Challenge to final answer keys - Scope of judicial review - Answer keys of the Delhi Judicial Service Preliminary Examination were challenged asserting that answers to certain questions were incorrect and flawed. Grounds for challenge included errors in the model answer keys and mis-evaluations threatening eligibility for the Mains Examination. (Paras 1-11, 12-22)

(B) Judicial Review - Standard of review - Courts assess whether the examination body acted arbitrarily in determining answer keys - Candidates' objections to the answers must show demonstrable errors or they do not warrant interference. (Paras 12-20)

Facts of the case:
Petitioners challenged the final answer keys for the Delhi Judicial Service Preliminary Examination, which they claimed were flawed. As a result, they fell short of qualifying marks for the Mains Examination as evaluated using the impugned answer keys.

Findings of Court:
The court dismissed the petitions, asserting that the respondent had followed due process in evaluating objections, and the candidates did not demonstrate errors that warranted judicial intervention.

Issues: Key issues revolved around the accuracy of the final answer keys and the authority of the examination body in adjudging answers.

Ratio Decidendi: The court emphasized that judicial review is limited to established errors, and unless the impugned answer keys are shown to be demonstrably incorrect, the evaluation must stand.

Result: Petitions dismissed.

Table of Content
1. challenge to evaluation based on answer key. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. claims of erroneous evaluation and requested reassessment. (Para 7 , 8 , 9 , 10 , 11)
3. scope of judicial review on evaluation tests. (Para 12)
4. judicial review limited to demonstrably incorrect evaluations. (Para 13 , 14 , 15 , 16 , 18 , 24)
5. limitations of objecting past the evaluation stage. (Para 20 , 21 , 22 , 23)
6. final determination on challenge to specific questions. (Para 25 , 56 , 70)
7. court's dismissal of petitions. (Para 75)

JUDGMENT

Vibhu Bakhru, J. The petitioners have filed the present petitions impugning the final answer keys of the Delhi Judicial Service Preliminary Examination, which was declared after considering the objections raised by various candidates. According to the petitioners, answers to certain questions are not the appropriate answers and therefore, evaluation of the answer sheets is flawed.

2. The petitioners have been unsuccessful in being short-listed to appear for the Delhi Judicial Service Mains Examination as the marks secured by them in the preliminary examination fall short of the specified threshold. The petitioners state that if they are awarded the marks in respect of certain questions, which they claim were the most appropriate answers but were evaluated otherwise, they would clear the threshold of marks necessary to be eligible to appear for the main examination. The petitioners also claim that certain questions are erroneous and therefore, all candidates must be granted marks for the same.

3. The petitioners impugn the list of short-listed candidates and pray that the same be modified on the basis of re-evaluation of the answer key. The final answer keys for the `Question Paper Booklet Series A-D' - the subject matter of challenge in these cases - is hereafter referred to as `the impugned answer key'. The result of the Delhi Judicial Service Preliminary Examination is hereafter referred to as `the impugned result' and the list of short-listed candidates that are provisionally admitted to the Delhi Judicial Services Mains Examination (Written) is hereafter referred to as `the impugned list'.

Factual Context

4. On 23.02.2022, a notification concerning the Delhi Judicial Service Examination, 2022 was issued by the Registrar General, Delhi High Court. In terms of the said notification, 124 numbers of vacancies in the Delhi Judicial Service were required to be filled. Further, the date of commencement for filling the online application form for the said examination was stipulated as 28.02.2022 and the last date was stipulated as 20.03.2022.

5. Thereafter, the petitioners applied for the Delhi Judicial Service Preliminary Examination (hereafter `the DJS Preliminary Examination'). And, on 24.04.2022, the petitioners appeared for the DJS Preliminary Examination and were assigned the respective question booklets.

6. On 27.04.2022, by way of a notice issued by the Registrar General, Delhi High Court, the Model Answer Keys to `Question Paper Booklet Series A-D' were released. Further, in terms of the said notice, objections regarding the answers mentioned in the Model Answer Keys were also invited from candidates, who had appeared for the DJS Preliminary Examination, within a period of three days from the date of the said notice, that is, by 17:00 hours on 30.04.2022. The said notice further stipulated that "Objections received thereafter shall not be entertained. Any representation regarding objections received by a mode other than online mode will not be entertained".

7. Mr Vivek Kumar Yadav [the petitioner in W.P.(C) 8284/2022] contends that he had furnished his objections to the Model Answer Key to Question Booklet Series `C'. However, the same was not considered. He contends that the answer key in respect of Question nos. 2, 44, 138, 157 and 198, are erroneous. He further states that in respect of Question no.193, there are two correct answers including the one mentioned in the im

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