3 Dec 2021 11:00 AM GMT
The Delhi High Court today dismissed a PIL seeking a direction to the Delhi Subordinate Service Selection Board for uploading on its website the answer sheets of all candidates appearing in the competitive examinations conducted by it.Stating that is is not inclined to pass a general direction on this issue, the Bench of Chief Justice DN Patel and Justice Jyoti Singh observed,"There is no...
The Delhi High Court today dismissed a PIL seeking a direction to the Delhi Subordinate Service Selection Board for uploading on its website the answer sheets of all candidates appearing in the competitive examinations conducted by it.
Stating that is is not inclined to pass a general direction on this issue, the Bench of Chief Justice DN Patel and Justice Jyoti Singh observed,
"There is no legal obligation on part of the Respondent to upload the answer sheets of all the candidates who appeared in the competitive exam conducted by the Respondent. If any candidate is asking for his answer sheet, the same can be supplied to that candidate in accordance with the Right to Information Act, 2005."
It added, "as and when any particular candidate will apply for getting answer sheet, the matter will be decided in accordance with the law by the competent court. We are no inclined to give a general direction that answer sheets of all candidates be uploaded for every type of exam which Respondent is taking to fill the vacancies. There are certain restrictions under the RTI Act also, especially u/s 8. Hence also, we are not inclined to pass any general direction much less a writ of mandamus."
The Court also refused to pass directions for disclosing the normalization formula applied when a large number of candidates appear for an exam.
In this regard the Court said,
"Application of normalization formula is not normal; it is applied in abnormal circumstances...As and when any aggrieved candidate/ guardian of aggrieved candidate is coming to the competent court/ Tribunal, their grievance will be decided in accordance with law."
The petitioner had also sought a direction for disclosing to the public the questions that are deleted from any particular examination and the pro rata marks given in leu of the same.
Denying this relief as well, the Court said,
"No general direction can be given on this aspect. Deletion of questions and giving pro rata marks depends upon facts of every case. The plea of any candidate aggrieved, seeking such information shall be decided by the Court/ authority or Tribunal."
Before parting, the Court added,
"This PIL has been preferred in two general manners. Nothing is specifically argued nor any example is given for any particular type of exam, normalization formula, deletion of questions. This petition is full of vagueness. Nevertheless, liberty is reserved with the aggrieved candidate to file a proper litigation with accurate averments and allegations."
The writ petition was accordingly dismissed.
Case Title: All India Backward Classes Federation v. Delhi Subordinate Service Selection Board