CIVIL

Judicial policy regarding interference with the evaluation of answer sheets

In a matter of appointment selection by an Expert Committee/Board consisting of qualified persons of their particular field, the courts should always be slow to interfere with the opinions expressed by the experts, unless there is an allegation of malafides against the experts who had constituted the Expert Committee.

(1) the key answer is correct unless proved to be wrong;

(2) judicial review cannot be on the basis of inferential process or process of rationalization;

(3) key answer must be clearly demonstrated to be wrong;

(4) answer must be such as no reasonable body of men well-versed in the particular subject would regard as correct;

(5) the Court should not lightly interfere with the opinion expressed by the academic experts;

(6) when there is no discrimination in awarding the marks and effective of alleged wrong answer is equally on all the candidates, no interference is warranted;

(7) writ Court cannot sit in judgment over those findings and examine the material on record to arrive at its own conclusion as a Court of appeal.

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Categories: CIVIL