Vikesh Kumar Gupta & Anr. vs The State of Rajasthan & Ors. Civil Appeal Nos.3649–3650 of 2020 decided on 7 December 2020. Justice L. NAGESWARA RAO, Justice HEMANT GUPTA, Justice AJAY RASTOGI.
Judgment Link: https://main.sci.gov.in/supremecourt/2019/28550/28550_2019_35_1501_24973_Judgement_07-Dec-2020.pdf
HELD: 11. Though re-evaluation can be directed if rules
permit, this Court has deprecated the practice of reevaluation and scrutiny of the questions by the courts
which lack expertise in academic matters. It is not
permissible for the High Court to examine the question papers and answer sheets itself, particularly when the
Commission has assessed the inter se merit of the
candidates (Himachal Pradesh Public Service
Commission v. Mukesh Thakur & Anr.) Courts have
to show deference and consideration to the
recommendation of the Expert Committee who have the
expertise to evaluate and make recommendations [SeeBasavaiah (Dr.) v. Dr. H.L. Ramesh & Ors.) Examining the scope of judicial review with regards to reevaluation of answer sheets, this Court in Ran Vijay
Singh & Ors. v. State of Uttar Pradesh & Ors.
12. In view of the above law laid down by this Court, it
was not open to the Division Bench to have examined
the correctness of the questions and the answer key to
come to a conclusion different from that of the Expert
Committee in its judgment dated 12.03.2019 held
that court should not re-evaluate or scrutinize the
answer sheets of a candidate as it has no expertise
the matters and the academic matters are best left to
academics.
13. A perusal of the above judgments would make it
clear that courts should be very slow in interfering with
expert opinion in academic matters. In any event,
assessment of the questions by the courts itself to arrive
at correct answers is not permissible. The delay in
finalization of appointments to public posts is mainly
caused due to pendency of cases challenging selections
pending in courts for a long period of time. The
cascading effect of delay in appointments is the
continuance of those appointed on temporary basis and
their claims for regularization. The other consequence
resulting from delayed appointments to public posts is
the serious damage caused to administration due to lack
of sufficient personnel.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 