High Court, under Article 226, not entitled to review answer keys issued by the organisers of competitive/entrance examinations

Delhi High Court: Giving a
set back to candidates of entrance exams for education institutes and
competitive exams for government employment, Delhi High Court ruled that High
Court while exercising jurisdiction under Article 226 of the Constitution
should not review the answer keys issued by the organisers of such exams. The
Court in the present case dismissed a petition filed by a candidate of
JEE-2015, the entrance test for admission in IITs, NITs and other government
sponsored technology education institutes. In the petition some questions in
the test and answers in the answer key were alleged to be wrong and
conceptually flawed.

The High Court
following principles laid down by the Supreme Court in Tata Cellular v.  Union  of 
India,  (1994)  6 SCC 651, held that  there 
is  no scope for judicial review
of the answer key unless allegations of bias, mala fide, non-consideration of relevant factors etc. which are
traditionally the grounds for invoking the power of judicial review are made
out.  The Court also relied upon the
ruling of the Supreme Court in H.P.
Public Service Commission v.  Mukesh Thakur,
 (2010) 6 SCC 759, that it is not permissible for the High Court to examine the
question paper and the answer sheet itself particularly when the examining body
has assessed the inter se merit of the candidates; and/or if there was a
discrepancy in framing the question or  evaluation
of the answer, it was for all the candidates  appearing in the examination and not for the
petitioner alone. [Atul Kumar Verma v. Union
of India,
W.P.(C) 5719/2015; decided on 13th
July, 2015]
Source: Legal news India

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