The Gujarat High Court in the case of NIRBHAYSINH VIJAYSINH RAULJI v/s STATE OF GUJARAT (C/SCA/3330/2022) led by the single bench of, Justice Biren Vaishnav, while admitting that Courts must exercise restraint in matters involving correctness of answer keys, has concluded that in the event of ambiguity in
https://www.livelaw.in/news-updates/gujarat-high-court-answer-key-correctness-questions-ambiguity-judicial-restraint-207839
FACTS
The bench was confronted with Article 226 petitions moved by candidates aspiring for the posts of Gujarat Administrative Service Class-1, Gujarat Civil Services Class I and Class-ll and Gujarat Municipal Chief Officers Service Class-11. The Court granted the interim relief and permitted the Petitioners to appear for written examinations on 27th August
They had appeared for preliminary examinations and had found that three questions required a ‘re-look The Bench observed that two questions had multiple answers and there was some reservation regarding the third question. The Petitioners relied on Sunil kumar Singh and others v UP Public Service Commission and others to establish that in the event of ambiguity in answers in a time-bound examination, the Courts can interfere akin to how the Allahabad High Court had intervened in the aforesaid case.
JUDGEMENT
the Gujarat Public Service Commission cautioned the court of judicial restraint in such issues by relying on precedents.
The High Court affirmed the view of the Allahabad HC that there can be only one correct answer and the question must contain a clue to the same ie, it should not be misleading in nature.
The Gujarat High Court, while admitting that Courts must exercise restraint in matters involving correctness of answer keys, has concluded that in the event of ambiguity in questions/ multiple correct answers in a time-bound examination, the Court can interfere and provide relief.
PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer
Reviewed by DEEPA BAJAJ
