Bihar PSC Exam: Single Judge Went Outside Scope Of Judicial Review In Sitting Over Expert Opinion & Directing To Revisit Answer Key, Says Patna HC
Live LawThe Patna High Court on Tuesday set aside an order passed by a Single Bench of the Court and remarked the Judge went outside the purview of judicial review by interfering with the opinion of an expert committee and asking the Bihar Public Service Commission to revisit its answer key for the preliminary selection test. The Division Bench of Justices Shivaji Pandey and Partha Sarthy stated, "we are of the view that the interference by the learned Single in the report of the expert committee and giving direction for constitution of fresh expert committee to revisit the answer sheet and consequential direction is outside the realm of judicial review." It added, "The candidates have invested their time and effort, prepared themselves and declared successful in the preliminary examination and equally the examining body also put their tremendous effort in conducting the examination, that should not go waste and unless there is blatant error in the key answers as well as in the opinion of the expert, it will be unjustified to interfere with the view of experts, otherwise it will be nothing but sitting over the opinion of the expert as an appellate authority, which will be outside the scope of the judicial review." In a case relating to Delhi Higher Judiciary Service Preliminary Examination, the Court stated that there is always a presumption of correctness regarding the answer key and it may be subject to judicial review only when it is "demonstrably wrong" i.e.