The Delhi High Court on Wednesday agreed to hear a petition filed by 17 unsuccessful UPSC aspirants who are seeking the publication of the answer key for the preliminary civil services examination conducted earlier this year.
Justice Chandra Dhari Singh rejected UPSC’s argument that the petition should not be entertained by the high court, stating that the matter involves the adjudication of legal and fundamental rights of the candidates, including issues related to fair play, legitimate expectation, and the right to know.
The petitioners, who did not secure qualifying marks in the preliminary examination, challenged a June press note issued by the UPSC, which stated that the answer key would only be released after the declaration of the final result.
The court said in its order, “The claims of the petitioners prima facie pertain 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.”
“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. List for arguments on merits on 26th September 2023,” it added.
The Union Public Service Commission (UPSC) had argued that only the Central Administrative Tribunal had the authority to deal with recruitment-related issues by the UPSC. However, the court concluded that directing the UPSC to release the answer key did not fall under the scope of “recruitment” and therefore did not require the jurisdiction of the Central Administrative Tribunal.
The court noted that asking for the answer key, which could be used to assess candidates’ performance, did not constitute interference in the recruitment process. The court emphasized that the preliminary examination was a qualifying exam and that the petitioners were only requesting the disclosure of the answer key before the entire process was completed.
The petitioners had initially sought the quashing of the Civil Services Preliminary Examination 2023 but later decided to focus on their demand for the publication of the answer key.
They argued that timely publication of the answer key was in the public interest and would help candidates assess their performance and reduce the burden on the system. They also criticized the vague nature of some of the exam questions, which they said relied heavily on guesswork.
The UPSC countered that the integrity of the examination process had to be protected and that the examinations had to be conducted in a time-bound manner.
The court had previously refused to stay the UPSC’s decision to invite applications for the Civil Services (Main) Examination 2023 while dismissing an application by the petitioners.
The petitioners pointed out that other competitive exam authorities release provisional answer keys shortly after the exams, inviting objections from candidates. They then release final answer keys based on the modifications made in response to objections.
The UPSC, in contrast, had stated that the answer keys for the Civil Services Preliminary Examination 2023 would only be released after the entire examination process was completed, including the declaration of the final result.
The case will be further considered by the court in the coming weeks.
