SC: Assessment of questions by courts itself to arrive at correct answers is not permissible.

The Hon’ble Supreme Court, on 07.12.2020 in nthe matter of Vikesh Kumar Gupta & Anr. v. The State of Rajasthann & Ors. held that it is not permissible for the High Court to examine the question papers and answer sheets itself. In any event, assessment of the questions by the courts itself to arrive at correct answers is not permissible.

The Hon’ble Supreme Court observed that

Though re-evaluation can be directed if rules permit, the Supreme Court has deprecated the practice of re- evaluation and scrutiny of the questions by the courts which lack expertise in academic matters. (Para 11)

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. Courts have to show deference and consideration to the recommendation of the Expert Committee who have the expertise to evaluate and make recommendations. (Para 11)

In any event, assessment of the questions by the courts itself to arrive at correct answers is not permissible. (Para 13)

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. (Para 13)

Copy of judgement: Judgement_07-Dec-2020

-Adv. Tushar Kaushik

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