The Delhi High Court on Wednesday agreed to examine a plea by 17 unsuccessful Union Public Service Commission (UPSC) aspirants who sought the publication of the answer key of the preliminary civil services examination conducted earlier this year. Justice Chandra Dhari Singh dismissed UPSC's contention that the plea couldn't be entertained in the high court, saying that it involved the examination of candidates' legal and fundamental rights, encompassing aspects like equitable treatment, reasonable expectations, and the entitlement to information.
The petitioners, who didn't achieve passing scores in the preliminary test, challenged a June press release by the UPSC stating the answer key would only be published after the final results are announced.
"The petitioners' claims prima facie relate to the concerns surrounding the facets of fair play and the right to know, as well as the fundamental rights of the candidates, and as such would require this court to test the same by delving into the domain of administrative law and constitutional provisions," the court said in its order.
"Where the enforcement and protection of fundamental rights or any rights of a person is sought, this court cannot look the other way. Accordingly, the petition stands admitted. It is listed for arguments on merits on 26th September 2023," the court stated.
Earlier, the UPSC had contested the validity of the petition, arguing that only the Central Administrative Tribunal had the authority to address issues pertaining to UPSC recruitment.
The court, which had previously withheld its decision on this matter, has now determined that compelling the UPSC to release the answer key does not fall under the category of "recruitment" of civil servants, and therefore, it does not invoke the exclusive jurisdiction of the Central Administrative Tribunal.
Justice Singh said that merely requesting the answer key, which was used to assess candidates' performance, did not constitute interference in the recruitment process. The court noted that the preliminary examination was a standalone, qualifying examination, and in this case, the petitioners were not contesting their disqualification or challenging the examination process. They were solely requesting the disclosure of the answer key before the entire process concludes.
The court said that there were no obstacles to considering the current petition.
The petitioners' attorney argued that timely publication of the answer key for the preliminary examination serves the public interest as it enables candidates to evaluate their performance and mitigate the burden on the system. Initially, they had sought the annulment of the Civil Services Preliminary Examination 2023 in their petition while later focused solely on their demand for the publication of the answer key.
Earlier, the UPSC had opposed the maintainability of the petition on the ground that only the Central Administrative Tribunal has the power to deal with issues related to recruitment by the UPSC.
The court, which had reserved its order on this aspect last month, concluded that whether the UPSC could be directed to release the answer key did not fall within the scope of "recruitment" of civil servants so as to invoke the exclusive jurisdiction of the Central Administrative Tribunal.
Justice Singh said mere asking for the answer key, which might be used to assess the performance of candidates, did not amount to interference in the process of recruitment.
The court observed the preliminary examination was a stand-alone exam that was qualifying in nature, and in the present case, the petitioners were neither challenging their disqualification nor assailing the examination process but only making a request for disclosure of the answer key before the entire process was completed.
"This court is of the view that there is no hurdle in adjudicating the instant petition," it said.
The petitioners' lawyer had argued that the publication of the answer key of the preliminary civil services examination on time was in the public interest as it would help them assess their capabilities and reduce the burden on the system.
Earlier, they had sought the quashing of the Civil Services Preliminary Examination, 2023, in their petition but later decided to only press their demand for the publication of the answer key.
"Not providing the students with the answer key to an exam they have appeared for, not considering the representations of the candidates despite a particular time window being provided for the same, and asking questions, which are disproportionately vague, testing candidates' ability to answer only on the basis of guesswork, is not only arbitrary but defies all principles of fairness, logic, and rationality," the petition said.
Opposing the plea, the UPSC said the integrity of the examination process has to be protected as civil services examinations were structured and have to be conducted in a time-bound manner.
Earlier, the court had refused to stay the UPSC's decision inviting applications for Civil Services (Main) Examination, 2023 while dismissing an application by the petitioners
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The petitioners have said when a competitive exam is conducted, the answer key to multiple choice questions is prepared in advance so it can be released after the exam has been conducted, thereby giving the candidates a fair idea of evaluation.
However, in a press note of June 12, the UPSC said "marks, cut off marks and answer keys of CS(P) Examination, 2023 will be uploaded on the Commission's website only after the entire process of the Civil Services Examination 2023 is over, that is, after the declaration of final result", the petitioners have claimed.
They have said that almost all state Public Service Commissions and other authorities like the High Court of Delhi in respect of Delhi Judicial Service Examination, IITs, NLUs and IIMs release the provisional answer key within a week of the conduct of an examination and invite objections from the candidates.
They then release the final answer key by modifying their provisional answer key based on the objections the petitioners have contended.
