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Service & Administrative LawSupreme Court of India

Vikesh Kumar Gupta v. The State of Rajasthan

Civil Appeal · 2020 INSC 681Decided 7 Dec 2020
Civil Appeal Nos. 3652-3657 of 2020
Justice L. Nageswara Rao · Justice Hemant Gupta · Justice Ajay Rastogi

Background

Vikesh Kumar Gupta and another candidate had applied for the post of Senior Teacher (Grade II) in Social Science through a 2016 Rajasthan Public Service Commission advertisement. After an initial answer key and merit list, their names were dropped when a revised ("2nd") answer key was issued following reconsideration of some disputed exam questions by an expert committee. Multiple rounds of litigation followed in the Rajasthan High Court over which disputed questions should be referred for expert review and whether the High Court itself could re-assess the correctness of exam answers. Several connected appeals from different stages of this litigation were heard together by the Supreme Court.

Decision Breakdown

The Supreme Court held that courts should not themselves assess the correctness of examination answers: that is a matter for subject experts, and judicial review of such academic matters is very limited. It found the High Court Division Bench had erred by itself examining disputed questions and concluding that five answers were wrong, instead of leaving that determination to the Expert Committee. However, the Court declined to set aside the High Court's judgment or disturb appointments already made, since some candidates affected had already been appointed and the selection process had progressed significantly. The Court upheld the already-prepared Select List and Wait List based on the second answer key, directed that the stalled selection process be completed within 8 weeks, and left it open to the authorities to fill existing vacancies from the wait list on merit. All the appeals were accordingly dismissed.

Lesson Learnt

Courts generally will not substitute their own judgment for that of subject-matter experts on the correctness of exam questions/answers, and once a recruitment process has substantially progressed with appointments made, courts are reluctant to unsettle it even if some procedural irregularity is found.

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