DJS EXAM| Delhi High Court Upholds The “Right to Challenge” The Exam

Delhi High Court allows candidates to challenge judicial service exam questions without prior objections. The court emphasizes the universal applicability of objections raised by any candidate. The ruling came in response to a plea by candidate Shruti Katiyar, directing the High Court to award her marks for the challenged question.

Thank you for reading this post, don't forget to subscribe!

Delhi High Court Upholds Candidate's Right to Challenge Exam Questions Post-Submission
DELHI HIGH COURT

DELHI: On Monday, the Delhi High Court affirmed the maintainability of challenging the correctness of a question posed in the Delhi Judicial Services Exams (DJS Exams), even if the candidate did not raise an objection initially. The division bench comprising Justices Rajiv Shakdher and Amit Bansal emphasized that objections raised by any candidate acquire universality.

“The objections, in a sense, attain universality, once taken by any candidate. The purpose of affording candidates the opportunity to lodge objections is salutary as it allows the respondent [Delhi High Court] to take corrective measures in the larger interest of candidates and move away from a possible unfair result,”

– stated the Court.

Background-

The petitioner, a general category candidate, scored 160.25 marks in the DJS Preliminary Examination-2023. Since she didn’t meet the cut-off marks, she has filed a writ petition with this Court seeking resolution.

Despite a preliminary objection raised by Advocate Dr Amit George, representing the High Court, asserting that the petitioner, Shruti Katiyar, lacked locus standi as she did not raise objections earlier, the Court dismissed this argument.

The Court pointed out that other candidates had indeed lodged objections to the same question challenged by Katiyar, rendering the preliminary objection ineffective.

Delhi High Court Upholds Candidate's Right to Challenge Exam Questions Post-Submission

The Court noted-
“as a relief given to any candidate would inure ordinarily in favour of all the candidates.”

Ultimately, the Court ruled in favor of petitioner Shruti Katiyar, instructing the High Court to grant her the marks for the contested question in the DJS Preliminary Exams 2023. Advocates Harsh Tikoo, Manish Kashyap, and Prabhakar Roy represented petitioner Shruti Katiyar, while the High Court was defended by Advocates Dr Amit George, Arkaneil Bhaumik, Rayadurgam Bharat, Adhishwar Suri, and Shashwat Kabi.

[READ THE ORDER]

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

Similar Posts