Delhi High Court Rejects Challenge To Civil Services Prelims 2023, Says Judicial Review In Competitive Exams Extremely Limited
The Delhi High Court has rejected challenge to Civil Services (Preliminary) Examination, 2023, particularly Paper-II (CSAT), observing that judicial review in competitive examinations is extremely limited.
A Division Bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan dismissed a batch of petitions filed by various unsuccessful Civil Services aspirants challenging questions in Paper-II (CSAT) alleging them to be beyond the prescribed syllabus.
The Court said that it cannot sit in appeal over the opinion of the experts and substitute its own view by re-examining the questions.
“Determination of the nature and standard of questions to be included in a competitive examination lies primarily within the province of subject experts, and courts do not possess the institutional competence to substitute their views for that of duly constituted expert bodies,” the Bench ruled.
The petitioners had contended that nearly 11 questions in CSAT Paper-II were drawn from Class XI and XII NCERT syllabi, despite the examination rules stipulating that the paper would be limited to Class X level.
On this basis, they sought preparation of a revised merit list, fresh mains examination, or alternatively, grant of compensatory attempts and age relaxation.
Their challenge was earlier dismissed by the Central Administrative Tribunal (CAT), after which they approached the High Court.
Dismissing the plea, the Court said that it does not sit in appeal over the decision of an examining body nor does it substitute its own opinion for that of subject experts.
The Bench noted that following objections raised by candidates, the UPSC had constituted an independent Expert Committee which categorically concluded that all the impugned questions were within the prescribed syllabus.
It said that mere disagreement with the academic assessment of subject experts by the petitioner candidates, without demonstrating perversity or manifest error, cannot furnish a ground for judicial interference.
“Be that as it may, the entire selection process for Civil Services Examination, 2023 stands concluded. Courts do not exercise writ jurisdiction to grant infructuous reliefs, particularly in matters involving large-scale public examinations,” the Court said.
“The prayer for grant of additional attempts or age relaxation is also untenable in law, as the Rules of Examination are statutory in nature and such policy decisions lie beyond the scope of judicial review that too when it has been clearly opined by academic experts that the disputed questions were not beyond the prescribed syllabus,” it added.
Counsel for Petitioners: Mr. Ritesh Kumar, Adv
Counsel for Respondents: Mr Balendu Shekhar CGSC with Mr Krishna Chaitanya, Mr Rajkumar Maurya and Mr Divyansh Singh Dev, Advs. for R-1; Mr. Ravinder Agarwal, Mr. Manish Kumar Singh & Mr. Vasu Agarwal Adv. for R-3
Title: HANUMANT LAL PATEL & ORS v. UNION OF INDIA & ORS