LI Network
Published on: 14 September 2023 at 12:09 IST
The Delhi High Court has granted permission to hear a plea requesting the disclosure of the answer key for the Union Public Service Commission (UPSC) Civil Services Preliminary Examination, 2023, before the final results are declared.
Justice Chandra Dhari Singh emphasized that the petitioners, who did not qualify in the prelims, was not challenging the examination process but simply making a request for the answer key to be revealed before the entire process is completed.
The Court rejected a preliminary objection raised by the UPSC’s counsel regarding the maintainability of the petition. The UPSC argued that since the matter pertained to appointments and recruitment, it should be heard by the Central Administrative Tribunal (CAT) rather than the High Court.
However, the High Court expressed the view that the CAT does not possess exclusive jurisdiction to entertain such a petition. It noted that the petitioners’ prayers could potentially involve the adjudication of candidates’ “legal and fundamental rights,” including legitimate expectations and the right to know.
“In any case where the enforcement and protection of fundamental rights or any rights … is sought, this Court cannot look the other way,” Justice Singh stated.
The Court further clarified that seeking the answer key would not amount to interference in the recruitment process and ruled that the petition was maintainable before the High Court.
The Court’s decision to admit the petition does not affect any other proceedings in other courts. The verdict on the maintainability of the petition, which was reserved on August 2, has now set the stage for the case to be heard on its merits on September 26.
The petition had been filed by 17 civil services aspirants who initially sought to annul the prelims exams and have them re-conducted. However, they later narrowed their plea to requesting the publication of the answer key before the results are announced.
