Facts
The applicant challenged the UPSC’s official answer key for Questions 88 and 96 of Series C of the Indian Forest Service (Preliminary) Examination, 2022.
Source reference: para. 1, 6.1–6.2, 7.1He contended that correcting the answers would raise his score above the OBC-NCL cut-off and sought, among other reliefs, a compensatory attempt in a subsequent examination.
Source reference: para. 1, 6.1–6.2, 7.1The Tribunal had initially dismissed his application, but the Delhi High Court set that decision aside and remitted the matter for fresh consideration, clarifying that the challenge concerned the correctness of the answer key, not re-evaluation of the applicant’s answer script.
Source reference: para. 2–4Issues
Whether the official answers to Questions 88 and 96 were demonstrably incorrect so as to warrant judicial interference with the answer key.
Source reference: para. 6, 6.1–6.2, 12Whether the applicant was entitled to consequential relief, including a compensatory attempt in a subsequent examination.
Source reference: para. 1, 6, 13–14Law Applied
The Tribunal applied the principle that courts ordinarily presume an official answer key to be correct and should defer to the examination authority; where doubt remains, it should be resolved in favour of the authority rather than the candidate, and sympathy or compassion has no role in answer-key disputes (Ran Vijay Singh v. State of Uttar Pradesh).
Source reference: para. 8Judicial scrutiny is not absolutely barred, but interference is warranted where the suggested answer is demonstrably incorrect or wholly unacceptable; an arguable alternative or a merely possible different interpretation is insufficient.
Source reference: para. 3, 7, 12The Tribunal also considered Kanpur University v. Samir Gupta, Federal Bank Ltd. v. Sagar Thomas and the Shubham Pal decisions in applying that standard.
Source reference: para. 6.1, 7.1, 8–10No statutory provision was identified as a basis for the decision.
Source reference: no citationReasoning
The Tribunal considered the applicant’s challenge to Question 88, including his reliance on Federal Bank concerning the availability of mandamus against a company, and his challenge to Question 96, including the 25% marketplace-sales restriction.
Source reference: para. 6.1–6.2It found that the restriction cited for Question 96 concerned the volume of sales through a marketplace by a vendor or its group companies, not a statutory restriction on a foreign-owned e-commerce entity owning sellers on its platform; accordingly, it did not establish that the keyed answer was patently wrong.
Source reference: para. 6.1–6.2The Tribunal distinguished the Shubham Pal example in which the alternative answer was facially incapable of satisfying the question, finding that the present disputes involved interpretation of legal and policy provisions and did not meet that standard.
Source reference: para. 8–10Although the respondents stated that subject experts had revalidated the answers, the Tribunal said it had independently considered the objections and concluded that no patent error had been demonstrated.
Source reference: para. 11–12Without such error, the asserted score increase and request for a compensatory attempt did not justify relief.
Source reference: para. 7.1, 13Holding
The Tribunal held that the answers to Questions 88 and 96 had not been shown to be demonstrably incorrect and declined to interfere with the answer key or the speaking order dated 30 August 2024.
It dismissed the Original Application, disposed of any pending miscellaneous applications, and made no order as to costs.
Source reference: para. 15–16Original Court PDF
Bisen Anshul KumarvsDEPARTMENT OF PERSONNEL AND TRAINING
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