Delhi High Court Upholds Answer Key in Judicial Services Exam; Rejects Petitioner’s Challenge on Section 91 Cr.P.C. Interpretation

In a significant ruling, the Delhi High Court dismissed a writ petition challenging the Answer Key of the Delhi Judicial Services Preliminary Examination 2023, particularly regarding Question No. 154. The bench, comprising Hon’ble Mr. Justice Rajiv Shakdher and Hon’ble Mr. Justice Amit Bansal, held that the challenge to the answer key did not meet the criteria for court intervention.

Legal Point of Judgment: The crux of the judgment focused on the interpretation of Section 91 of the Code of Criminal Procedure, 1973 (Cr.P.C.), in the context of its application by the accused at the stage of charge in a trial.

Background and Issue: The petitioner, a candidate in the DJS Preliminary Examination, contested the correctness of ‘Option (2)’ in the Answer Key for Question No. 154, asserting that ‘Option (1)’ was accurate. The dispute revolved around whether an accused could invoke Section 91 Cr.P.C. for document production or preservation at the charge consideration stage.

Examination of Legal Provisions: The court delved into the interpretation of Section 91 Cr.P.C., referencing Supreme Court judgments in State of Orissa v. Debendra Nath Padhi and others.

Judicial Precedents Considered: The bench considered relevant Supreme Court judgments, highlighting that while ordinarily, an accused might not invoke Section 91 at the charge stage, the court could summon documents, subject to satisfaction.

Finality of Exam Authority’s Decision: Emphasizing the sanctity of the exam conducting authority’s decisions, the court noted that unless an answer is demonstrably wrong, judicial interference is unwarranted.

Decision: The High Court found the petitioner’s challenge lacking merit, thereby upholding the Answer Key’s correctness. The petition and the pending application were dismissed.

Date of Decision: March 5, 2024.

Jharna vs. Delhi High Court