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  3. High Court Of Chhattisgarh/
  4. 2024/
  5. May

Srishti Sharma vs. State of Chhattisgarh

Decided on 31 May 2024• Citation: WPS/7779/2023• High Court of Chhattisgarh
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                                                                 Page 1 of 15       
                                                                      NAFR          
                           HIGH COURT OF CHHATTISGARH,   BILASPUR                   
                                Writ Petition (S) No. 7779 of 2023                  
                                Order Reserved On : 20.03.2024                      
                               Order Pronounced On : 31.05.2024                     
                      Srishti Sharma D/o Narendra Sharma, Aged About 30 Years R/o  
                       Near Atmanand English Medium School, Chakarbhata Camp,       
                       Tehsil Bilaspur, District Bilaspur (C.G.)                    
                                                               ---- Petitioner      
                                           Versus                                   
                    1. State of Chhattisgarh Through Its Secretary, Women and Child 
                       Development Department, Indravati Bhavan, Mantralaya, Atal   
                       Nagar, Naya Raipur, District Raipur (C.G.)                   
                    2. Director, Directorate of Women and Child Development         
                       Department, Raipur, District Raipur (C.G.)                   
                    3. Chhattisgarh Professional Examination Board Raipur, Through  
                       Its Secretary, Pension Bada Raipur, District Raipur (C.G.)   
                                                             ----Respondents        
                  ________________________________________________________          
                   For Petitioner     : Ms. Srishti Sharma in person                
                   For State          : Mr. Suyashdhar Badgaiya, Dy. Govt. Adv.     
                   For Respondent No. 3 : Mr. Yogendra Pandey, Advocate on behalf   
                                        of Mr. Animesh Tiwari, Advocate.            
                  ________________________________________________________          
                              Hon'ble Shri Justice Narendra Kumar Vyas              
                                         CAV ORDER                                  
                  1.   The respondent No. 2  has issued an  advertisement on        
                       05.07.2023 for appointment of 440 posts of Supervisor in     
                       Women  and Child Development Department which is Class-III   
                       Executive Post in the pay scale of Rs. 5200-20200 (Grade Pay 
                       Rs. 2400). As per advertisement 220 posts were for direct    
                       recruitment which consists of 92 posts for unreserved        
                       candidates, 71 posts for Scheduled Tribes, 26 posts for      

                                                                 Page 2 of 15       
                       Scheduled Castes and 31 posts for Other Backward Class. The  
                       advertisement further provides 220 posts through limited direct
                       recruitment. As per the advertisement, the examination has to be
                       conducted by the respondent No. 3/Chhattisgarh Professional  
                       Examination Board (CGVYAPAM). The petitioner applied for     
                       appointment which is reserved for direct recruitment in      
                       unreserved candidates. The examinations were held on         
                       27.08.2023 and the respondent No. 2 issued model answer on   
                       12.09.2023 and also called objection on the model answer. The
                       time period provided in the publication was 15.09.2023. The  
                       direction further provides that at the time of recording their
                       objection, the candidate should login their profile and in the
                       profile, the objection tab will be shown and after clicking it, it will
                       be registered. The direction further provides that the candidate is
                       required to prepare the documents which have to be uploaded, 
                       registration number and after putting signature in it, the soft copy
                       should be prepared for uploading. The direction further provides
                       that the objection sent by post or in person will not be accepted
                       and the decision taken by the expert will be final. Thereafter, final
                       result of combined merit list was declared on 20.09.2023 by  
                       respondent No. 3.                                            
                  2.   The petitioner has assailed the legality and propriety of the
                       answer of question No. 85 in Set-B in the examination for    
                       recruitment conducted by respondent No. 3 for the post of    
                       Supervisor and also prayed for re-valuation of question No. 85
                       and re-determination of merit list.                          

                                                                 Page 3 of 15       
                  3.   According to the petitioner, question No. 85 of Set-B has wrongly
                       been evaluated, therefore, it is required to be corrected. It is also
                       the case of the petitioner that she belongs to Unreserved    
                       Category and has secured 73.969 marks, if answer No. 85 in   
                       Set-B, is correctly valued and .25 negative marks could have not
                       been deducted in view of minus marking system, the petitioner
                       could have secured 75.258 marks, thus her ranking in the list
                       would have been upgraded and she would be selected in the    
                       examination.                                                 
                  4.   The petitioner in person would submit that respondent No. 2 after
                       holding examination, published model answer and uploaded in  
                       the website. On going through the model answer, it is revealed
                       that answers taken by respondent No. 2 with respect to       
                       aforementioned questions are wrongly taken, therefore, the   
                       action taken on the part of respondent No. 2 is highly arbitrary.
                       She would further submit that as per the material available with
                       her, the answers suggested by the respondent No. 3, are illegal.
                       She would further submit that the respondents are under      
                       obligation to notify what are the sources on the basis of which
                       the answer was modified or changed.                          
                  5.   Apart from oral submission, the petitioner in person has     
                       submitted written submission wherein she has reiterated the  
                       stand taken by her in the writ petition. She has also stated that
                       the she has received the information under Right to Information
                       Act on 17.10.2023 wherein it has been informed that the final
                       answer has been published after deciding the objection by the

                                                                 Page 4 of 15       
                       expert of the subject and would submit that respondent No. 3 
                       has committed illegality and would pray for allowing the writ
                       petition. To substantiate her submission, she has relied upon the
                       judgment of Hon’ble High Court of Rajasthan in case of S.B.  
                       Civil Writ Petition No. 10622/2014 titled Ramdhan Kumawat    
                       Vs. The State of Rajasthan & Ors. dated 18.11.2014 & Hari    
                       Singh & Ors. Vs. Rajasthan Public Service Commission:        
                       S.B. Civil Writ Petition No. 12621/2009 and Hon’ble Supreme  
                       Court in case of Richal & Ors. Vs. Rajasthan Public Service  
                       Commission [(2018) 8 SCC 81].                                
                  6.   Learned counsel for the Professional Board/Respondent No. 3  
                       has submitted written synopsis mainly contending that the    
                       petitioner applied for the post of Supervisor in the Open Direct
                       Recruitment (MBS23), thereafter the admit card was issued to 
                       the petitioner in which Roll No. 13061322 was provided to her.
                       The written examination for the aforesaid examination was held
                       on 27.08.2023 and on 12.09.2023 the respondent No. 3 issued  
                       the Model Answers. It is submitted that after issuance of model
                       answers the respondent No. 3 invited claims/objections from the
                       candidates and after resolving all the objections final results
                       were published on 20.09.2023. It is submitted that the dispute in
                       this present petition is with regard to Question No. 85 of   
                       SET-"B". For ready reference Question No.85 is mentioned     
                       below:-                                                      
                       Q.85 The possible passive voice of the given statement is/are :-
                       Who starts the pump?                                         

                                                                 Page 5 of 15       
                            A) By whom was the pump started?                        
                            B) By who was the pump started?                         
                            C) By whom is the pump started?                         
                            D) By who is the pump started?                          
                       The petitioner has marked Option C.                          
                  7.   It is most humbly submitted that the model answer for the    
                       particular examination was published on 12.09.2023 and as per
                       the model answer the answer for the above-mentioned question 
                       No. 85 was option "C”, after publishing the model answers and
                       as per the procedure the answering respondent called for the 
                       objections from the candidates. It has also been submitted that
                       the respondent has placed the question before the expert     
                       committee for proper valuation and the expert committee      
                       examined the question and answer and opined that right answer
                       of the question No. 85 will be option A, therefore final answer
                       key of the question was published by the respondent on       
                       20.09.2023. The respondents have also annexed the decision   
                       taken by the expert of the subject along with the written    
                       submission.                                                  
                  8.   He would further submit that the experts of the subject have 
                       evaluated the answer thereafter they have issued the model   
                       answer and accordingly the answer-sheet has been examined.   
                       He would further submit that the procedure adopted by them is
                       fair, transparent and applicable to all the candidates uniformly.
                       He would further submit that this Court’s power to interfere in the
                       academic matter is very limited, in view of law laid down by 

                                                                 Page 6 of 15       
                       Hon’ble the Supreme Court in various judgments. Thus, he     
                       would pray for dismissal of the writ petition. To substantiate his
                       submission, learned counsel for the respondent No. 3 would   
                       refer to the judgment of Hon’ble Supreme Court in the cases of
                       Ran Vijay Singh Vs. State of Uttar Pradesh (2018) 2 SCC 357, 
                       Uttar Pradesh Public Service Commission & Anr. Vs. Rahul     
                       Singh & Anr. (2018) 7 SCC 254 and Umang  Gauraha vs.         
                       State of Chhattisgarh & Ors decided on 10.12.2020 in Writ    
                       Appeal No. 165 of 2020 and has also placed reliance upon the 
                       decision passed by this Court in case Tarun Kumar Vs. State of
                       Chhattisgarh [WPS No. 5365/2023, decided on 28.11.2023]      
                       and Kajal Banjare Vs. State of Chhattisgarh [WPS No.         
                       4317/2020, decided on 02.01.2023].                           
                  9.   Learned counsel for the State would submit that Hon'ble the  
                       Supreme Court time and again has held that the Courts cannot 
                       take upon themselves the task of verifying answers in an     
                       examination under the exercise of Judicial Review. It is most
                       humbly submitted that the petitioner cannot call upon this   
                       Hon'ble Court to take upon the role of experts in the field of
                       expert of the subject, conduct an inquiry by exercising the  
                       powers of Judicial Review and would pray for dismissal of the
                       writ petition.                                               
                  10.  I have heard learned counsel for the parties and perused the 
                       documents placed on record with utmost satisfaction.         
                  11.  It is not in dispute that the Professional Board has constituted the
                       expert committee which has analyzed each and every answer    

                                                                 Page 7 of 15       
                       and thereafter they have assessed the question and issued    
                       model answer and only thereafter the marks were allotted. It is
                       also not in dispute that the similar treatment has been given to
                       all the candidates. Thus, considering the well settled principle of
                       law that scope of judicial review under Article 226 of the   
                       Constitution of India in matters concerning evaluation of    
                       candidates, particularly for the purpose of recruitment to public
                       service is narrow and also considering that in absence of any
                       provisions for revaluation of answer-sheets judicial review  
                       should be exercised only under exceptional circumstances. The
                       petitioner is unable to point out that it is an exceptional case
                       where this Court can exercise power of review. Hon’ble the   
                       Supreme Court in case of Bihar Staff Selection Commission    
                       and others Vs. Arun Kumar & others reported in (2020) 6      
                       SCC  362, wherein it has been held at paragraph 23 to 25 as  
                       under:-                                                      
                          “23. This court reiterates that the scope of judicial review under
                          Article 226 in matters concerning evaluation of candidates-
                          particularly, for purpose of recruitment to public services is
                          narrow. The previous decisions of the court 3; Maharashtra
                          State Board of Secondary and Higher Secondary Education   
                          and Another v. Paritosh Bhupeshkumar Sheth & Ors (1984) 4 
                          SCC 27; Pramod Kumar Srivastava v. Chairman, Bihar Public 
                          Service Commission, Patna & Ors. (2004) 6 SCC 714; Board  
                          of Secondary Education v. Pravas have constantly underscored
                          that in the absence of any provision for re- evaluation of
                          answer sheets, judicial review should be rarely exercised -
                          preferably under exceptional circumstances. A three judge 
                          Bench of this court, in Pramod Kumar Srivastava (supra) held
                          as follows:                                               
                          "7…...Under the relevant rules of the Commission, there is no
                          provision wherein a candidate may be entitled to ask for re-
                          evaluation of his answer-book. There is a provision for scrutiny
                          only wherein the answer-books are seen for the purpose of 
                          checking whether all the answers given by a candidate have
                          been examined and whether there has been any mistake in the
                          totalling of marks of each question and noting them correctly

                                                                 Page 8 of 15       
                          on the first cover page of the answer-book. There is no dispute
                          that after scrutiny no mistake was found in the marks awarded
                          to the appellant in the General Science paper. In the absence
                          of any provision for re-evaluation of answer-books in the 
                          relevant rules, no candidate in an examination has got any
                          right whatsoever to claim or ask for re- evaluation of his
                          marks."                                                   
                          24. In Khushboo Shrivastava (supra) too, a similar view was
                          echoed:                                                   
                          "9. We find that a three-Judge Bench of this Court in Pramod
                          Kumar  Srivastava v. Chairman, Bihar Public Service       
                          Commission, Patna and Ors. (supra) has clearly held relying
                          on Maharashtra State Board of Secondary and Higher        
                          Secondary Education and Anr. v. Paritosh Bhupeshkumar     
                          Sheth and Ors. (supra) that in the absence of any provision for
                          the re-evaluation of answers books in the relevant rules, no
                          candidate in an examination has any right to claim or ask for
                          re-evaluation of his marks. The decision in Pramod Kumar  
                          Srivastava v. Chairman, Bihar Public Service Commission,  
                          Patna and Ors. (supra) was followed by another three-Judge
                          Bench of this Court in Board of Secondary Education v. Pravas
                          Ranjan Panda and Anr. (2004) 13 SCC 383 in which the      
                          direction of the High Court for re-evaluation of answers books
                          of all the examinees securing 90% or above marks was held to
                          be unsustainable in law because the regulations of the Board
                          of Secondary Education, Orissa, which Ranjan Panda (2004) 
                          13 SCC 383; Himachal Pradesh Public Service Commission v. 
                          Mukesh Thakur & Anr (2010) 6 SCC 759; Gangadhara Palo v.  
                          Revenue Divisional Officer & Anr. (2011) 4 SCC 602; Central
                          Board of Secondary Education Through Secretary, All India 
                          Pre-Medical/Pre-Dental Entrance Examination & Ors. v.     
                          Khushboo Shrivastava & Ors (2014) 14 SCC 523 and Ran      
                          Vijay Singh & Ors. v. State of Uttar Pradesh & Ors (2018) 2
                          SCC  357 conducted the examination, did not make any      
                          provision for re- evaluation of answers books in the rules.
                          10. In the present case, the bye-laws of the All India Pre-
                          Medical/Pre-Dental Entrance Examination, 2007 conducted by
                          the CBSE did not provide for re-examination or re-evaluation of
                          answers sheets. Hence, the Appellants could not have allowed
                          such re- examination or re-evaluation on the representation of
                          the Respondent No. 1  and accordingly rejected the        
                          representation of the Respondent No. 1 for re-examination/re-
                          evaluation of her answer sheets. The Respondent No. 1,    
                          however, approached the High Court and the learned Single 
                          Judge of the High Court directed production of answer sheets
                          on the Respondent No. 1 depositing a sum of Rs. 25,000/- and
                          when the answer sheets were produced, the learned Single  
                          Judge himself compared the answers of the Respondent No. 1
                          with the model answers produced by the CBSE and awarded   
                          two marks for answers given by the Respondent No. 1 in the
                          Chemistry and Botany, but declined to grant any relief to the
                          Respondent No. 1. When Respondent No. 1 filed the LPA     
                          before the Division Bench of the High Court, the Division 
                          Bench also examined the two answers of the Respondent No. 
                          1 in Chemistry and Botany and agreed with the findings of the

                                                                 Page 9 of 15       
                          learned Single Judge that the Respondent No. 1 deserved two
                          additional marks for the two answers.                     
                          11. In our considered opinion, neither the learned Single Judge
                          nor the Division Bench of the High Court could have       
                          substituted his/its own views for that of the examiners and
                          awarded two additional marks to the Respondent No. 1 for the
                          two answers in exercise of powers of judicial review under
                          Article 226 of the Constitution as these are purely academic
                          matters. This Court in Maharashtra State Board of Secondary
                          and Higher Secondary Education and Anr. v. Paritosh       
                          Bhupeshkumar Sheth and Ors. (supra) has observed:         
                          29... As has been repeatedly pointed out by this Court, the
                          Court should be extremely reluctant to substitute its own views
                          as to what is wise, prudent and proper in relation to academic
                          matters in preference to those formulated by professional men
                          possessing technical expertise and rich experience of actual
                          day-to-day working of educational institutions and the    
                          departments controlling them. It will be wholly wrong for the
                          Court to make a pedantic and purely idealistic approach to the
                          problems of this nature, isolated from the actual realities and
                          grass root problems involved in the working of the system and
                          unmindful of the consequences which would emanate if a    
                          purely idealistic view as opposed to a pragmatic one were to
                          be propounded.                                            
                          12. We, therefore, allow the appeal, set aside the impugned
                          judgment of the learned Single Judge and the Division Bench
                          of the High Court and dismiss the writ petition. There shall be
                          no order as to costs. We are informed that the first Respondent
                          was admitted to the MBBS Course subsequently. If so, her  
                          admission in the MBBS Course will not be affected."       
                          25. The decision in Ran Vijay Singh (supra f.n.2), after a review
                          of all previous decisions, held as follows:               
                          "30. The law on the subject is therefore, quite clear and we
                          only propose to highlight a few significant conclusions. They
                          are:                                                      
                          30.1. If a statute, Rule or Regulation governing an examination
                          permits the re- evaluation of an answer sheet or scrutiny of an
                          answer sheet as a matter of right, then the authority conducting
                          the examination may permit it;                            
                          30.2. If a statute, Rule or Regulation governing an examination
                          does not permit re-evaluation or scrutiny of an answer sheet
                          (as distinct from prohibiting it) then the Court may permit re-
                          evaluation or scrutiny only if it is demonstrated very clearly,
                          without any "inferential process of reasoning or by a process of
                          rationalisation" and only in rare or exceptional cases that a
                          material error has been committed;                        
                          30.3.The Court should not at all re-evaluate or scrutinize the
                          answer sheets of a candidate-it has no expertise in the matter
                          and academic matters are best left to academics;          
                          30.4. The Court should presume the correctness of the key 
                          answers and proceed on that assumption; and (v) In the event
                          of a doubt, the benefit should go to the examination authority
                          rather than to the candidate.                             
                                   XXXXXX XXXXXX  XXXXXX XXXXXX                     

                                                                 Page 10 of 15      
                          32. It is rather unfortunate that despite several decisions of this
                          Court, some of which have been discussed above, there is  
                          interference by the Courts in the result of examinations. This
                          places the examination authorities in an unenviable position
                          where they are under scrutiny and not the candidates.     
                          Additionally, a massive and sometimes prolonged examination
                          exercise concludes with an air of uncertainty. While there is no
                          doubt that candidates put in a tremendous effort in preparing
                          for an examination, it must not be forgotten that even the
                          examination authorities put in equally great efforts to   
                          successfully conduct an examination. The enormity of the task
                          might reveal some lapse at a later stage, but the Court must
                          consider the internal checks and balances put in place by the
                          examination authorities before interfering with the efforts put in
                          by the candidates who have successfully participated in the
                          examination and the examination authorities. The present  
                          appeals are a classic example of the consequence of such  
                          interference where there is no finality to the result of the
                          examinations even after a lapse of eight years. Apart from the
                          examination authorities even the candidates are left wondering
                          about the certainty or otherwise of the result of the     
                          examination-whether they have passed or not; whether their
                          result will be approved or disapproved by the Court; whether
                          they will get admission in a college or University or not; and
                          whether they will get recruited or not. This unsatisfactory
                          situation does not work to anybody's advantage and such a 
                          state of uncertainty results in confusion being worse     
                          confounded. The overall and larger impact of all this is that
                          public interest suffers."                                 
                  12.  Again Hon’ble the Supreme Court in case of Dr. B.R. Ambedkar 
                       University, Agra Vs. Devarsh Nath Gupta  and  Others         
                       reported in 2023 SCC OnLine SC 970, has held at paragraph    
                       16 to 19 as under:-                                          
                            “16. As regards the question of re-evaluation, the      
                            principles enunciated by this Court could be usefully   
                            recapitulated as follows:                               
                            17. In the case of Mukesh Thakur (supra) this Court     
                            observed and held as under:—                            
                            “24. The issue of revaluation of answer book is no more 
                            res integra. This issue was considered at length by this
                            Court in Maharashtra State Board of Secondary and       
                            Higher Secondary Education v. Paritosh Bhupeshkumar     
                            Sheth [(1984) 4 SCC 27 : AIR 1984 SC 1543], wherein     
                            this Court rejected the contention that in the absence of
                            the provision for revaluation, a direction to this effect
                            can be issued by the Court. The Court further held that 
                            even the policy decision incorporated in  the           

                                                                 Page 11 of 15      
                            Rules/Regulations   not      providing    for           
                            rechecking/verification/revaluation cannot be challenged
                            unless there are grounds to show that the policy itself is
                            in violation of some statutory provision. The Court held
                            as   under : (SCC pp. 39-40 & 42, paras 14 & 16)        
                            “14. … It is exclusively within the province of the     
                            legislature and its delegate to determine, as a matter of
                            policy, how the provisions of the statute can best be   
                            implemented and what measures, substantive as well      
                            as   procedural would have to be incorporated in the    
                            rules or regulations for the efficacious achievement of 
                            the objects and purposes of the Act. …                  
                            16. … The  Court cannot sit in judgment over the        
                            wisdom of the policy evolved by the legislature and the 
                            subordinate regulation- making body. It may be a wise   
                            policy which will fully effectuate the purpose of the   
                            enactment or it may be lacking in effectiveness and     
                            hence calling for revision and improvement. But any     
                            drawbacks in the policy incorporated in a rule or       
                            regulation will not render it ultra vires and the Court 
                            cannot strike it down on the ground that, in its opinion, it
                            is not a wise or prudent policy, but is even a foolish one,
                            and that it will not really serve to effectuate the     
                            purposes of the Act.”                                   
                            25. This view has been approved and relied upon and     
                            reiterated by this Court in Pramod Kumar Srivastava v.  
                            Bihar Public Service Commission [(2004) 6 SCC 714 :     
                            2004 SCC (L&S) 883 : AIR 2004 SC 4116] observing as     
                            under : (SCC pp. 717-18, para 7)                        
                            “7. … Under the relevant rules of the Commission, there 
                            is no provision wherein a candidate may be entitled to  
                            ask for revaluation of his answer book. There is a      
                            provision for scrutiny only wherein the answer books    
                            are seen for the purpose of checking whether all the    
                            answers given by a candidate have been examined and     
                            whether there has been any mistake in the totalling of  
                            marks of each question and noting them correctly on     
                            the first cover page of the answer book. There is no    
                            dispute that after scrutiny no mistake was found in the 
                            marks awarded to the appellant in the General Science   
                            paper. In the absence of any provision for revaluation of
                            answer books in the relevant rules, no candidate in an  
                            examination has got any right whatsoever to claim or    
                            ask for revaluation of his marks.”                      
                                            ***** ***** *****                       

                                                                 Page 12 of 15      
                            26. Thus, the law on the subject emerges to the effect  
                            that in the absence of any provision under the statute or
                            statutory rules/regulations, the Court should not       
                            generally direct revaluation.”                          
                                                        (emphasis supplied)         
                            18. Further, in the case of Ran Vijay Singh (supra), this
                            Court has observed and held as under:—                  
                            “30. The law on the subject is therefore, quite clear and
                            we  only propose to highlight a few significant         
                            conclusions. They are:                                  
                            30.1. If a statute, Rule or Regulation governing an     
                            examination permits the re-evaluation of an answer      
                            sheet or scrutiny of an answer sheet as a matter of     
                            right, then the authority conducting the examination may
                            permit it;                                              
                            30.2. If a statute, Rule or Regulation governing an     
                            examination does not permit re-evaluation or scrutiny of
                            an answer sheet (as distinct from prohibiting it) then the
                            court may permit re-evaluation or scrutiny only if it is
                            demonstrated very clearly, without any “inferential     
                            process of reasoning or by a process of rationalisation”
                            and only in rare or exceptional cases that a material   
                            error has been committed;                               
                            30.3. The court should not at all re-evaluate or        
                            scrutinise the answer sheets of a candidate—it has no   
                            expertise in the matter and academic matters are best   
                            left to academics;                                      
                            30.4. The court should presume the correctness of the   
                            key answers and proceed on that assumption; and         
                            30.5. In the event of a doubt, the benefit should go to 
                            the examination authority rather than to the candidate.”
                                                        (emphasis supplied)         
                            19. Recently, in the case of Dr. NTR University of Health
                            Sciences v. Dr. Yerra Trinadh, 2022 SCC OnLine SC       
                            1520, this Court has, after referring to the previous   
                            decisions, including that in the case of Ran Vijay Singh
                            (supra), thoroughly disapproved the process of the      
                            Court calling for answer sheets for satisfying as to    
                            whether there was a need for re-evaluation or not and   
                            thereafter, issuing directions for re-evaluation. This  
                            Court has observed and held as under:—                  
                            “9. Applying the law laid down by this Court in the     
                            aforesaid decisions to the facts and circumstances of   
                            the case on hand, we are of the opinion that the High   
                            Court was not at all justified in calling the record of the

                                                                 Page 13 of 15      
                            answer scripts and then to satisfy whether there was a  
                            need for re-evaluation or not. As reported, the High    
                            Courts are calling for the answer scripts/sheets for    
                            satisfying whether there is a need for re-evaluation or 
                            not and thereafter orders/directs re-evaluation, which is
                            wholly impermissible. Such a practice of calling for    
                            answer scripts/answer sheets and thereafter to order re-
                            evaluation and that too in absence of any specific      
                            provision in the relevant rules for re-evaluation and that
                            too while exercising powers under Article 226 of the    
                            Constitution of India is disapproved.”                  
                  13.  Recently the Division Bench of this Court has examined in the
                       case of Sarita Sangam Vs. Chancellor & Ors. in WA No. 105    
                       of 2024 reported in (2024) SCC Online CHH 1326 wherein it    
                       has been observed in para 12 which reads as under:-          
                            “The appellant/writ petitioner cannot be a judge of her 
                            own case, whereas the subject expert had valued the     
                            answer-sheet of the appellant/writ petitioner and the   
                            subject expert had not awarded the minimum passing      
                            marks to the appellant/writ petitioner, therefore, the  
                            allegation made by  the appellant/writ petitioner       
                            regarding wrong valuation of the answer-sheet is        
                            baseless, as there is no provision of revaluation in the
                            Ph.D. examination still the answer-sheet of the         
                            appellant/writ petitioner has been re-examined wherein  
                            result remain unchanged, this Court cannot at all       
                            reevaluate or scrutinize the answer-sheet of a          
                            candidate, as it has no expertise in the matter and     
                            academic matters are best left to the academics.”       
                  14.  Reliance was placed by petitioner in person on Richal & Ors. 
                       Vs. Rajasthan Public Service Commission [(2018) 8 SCC 81]    
                       in the said judgment, this Court interfered with the selection
                       process only after obtaining the opinion of an expert committee
                       but did not enter into the correctness of the questions and  
                       answered by itself. Therefore, the said judgment is not relevant
                       for adjudication of dispute in this case.                    

                                                                 Page 14 of 15      
                  15.  It is apparent that respondent No. 3 immediately after conducting
                       examination has published model answer called claims and     
                       objections from the participating candidates on the model    
                       answer and thereafter the final answer was published based on
                       the opinion of the experts and thereafter results were declared.
                       The procedure adopted by the respondent No.3 was transparent 
                       and therefore, it cannot be said that action of the respondent No.
                       3 is malafide or unreasonable in any manner. The Committee   
                       constituted by respondent No. 3 has published the model      
                       answer invited objections and the model answer and objections
                       were placed before the panel of experts and the panel of experts
                       after considering the issue relying upon the material available
                       with them submitted their opinion which cannot be held to be 
                       illegal, in view of limited power available with this Court with
                       regard to interference in the field of experts.              
                  16.  The petitioner has nowhere pleaded in the writ petition that she
                       has ever raised objection after publication of notice for calling
                       claim/objection on 12.09.2023 and even the petitioner has    
                       nowhere pleaded that she has complied with the conditions    
                       enumerated in directions issued by the respondent No. 3 for  
                       calling claim/objection on 12.09.2023 wherein it has been    
                       specifically mentioned that the candidate has to raise       
                       objection/claim through their profiled maintained by the     
                       Profession Board and no objection/claim should be sent through
                       post or in person. From perusal of Annexure P10 and from the 
                       postal receipt attached with the claim/objection, it is quite vivid

                                                                 Page 15 of 15      
                       that it has been sent through speed post and also after the cut
                       off date given in the direction. As such also the petition is liable
                       to be dismissed on the count that she has neither raised the 
                       objection within stipulated time period nor has complied with the
                       direction dated 12.09.2023 in its letter and spirit.         
                  17.  Considering the submissions made by the parties and also     
                       considering the restriction imposed by the Hon’ble Supreme   
                       Court in interference by the Courts with regard to field of expert,
                       particularly when the answers have been evaluated by the     
                       experts of the subjects and it has been uniformly applied to 
                       every candidate and even petitioner is unable to point-out that
                       she is subjected to discrimination while evaluating the answer-
                       sheet by the respondent, this Court does not find any irregularity
                       or illegality in the decision taken by the expert. As such, the writ
                       petition sans merit and deserves to be and accordingly it is 
                       dismissed.                                                   
                                                             Sd/-Sd/-               
                                                     (Narendra Kumar Vyas)          
                                                            Judge                   
          Bhumika