NEW DELHI: The Delhi High Court on Wednesday agreed to hear a plea by a group of unsuccessful Union Public Service Commission (UPSC) aspirants who sought the publication of the prelims answer key of the 2023 Civil Services examinations.
While agreeing to hear the 17 UPSC aspirants' plea, Justice Chandra Dhari Singh said merely asking for the publishing of the answer key does not amount to interference in the process of recruitment.
The candidates' plea had contended that when a competitive exam is conducted, the answer key to the multiple choice questions is prepared in advance so it can be released right after the paper has ended, thus giving candidates a fair idea of their performance.
It was noted by the court that the release of the answer key "which in itself is a stand-alone examination which is qualifying in nature, and the score attained by a qualified candidate is not added to the subsequent stages of examination" to determine the rank or for final selection.
Further, the single-bench judge held that the petitioners who are disqualified from the recruitment exercise are not challenging their disqualification nor the examination process "but are making a mere request for disclosure of the answer key" before the entire process is completed.
"..in view of the precedents and exposition of law, this court is of the view that there is no hurdle in adjudicating the instant petition," the court ordered.
The high court also dismissed UPSC's submission that the plea couldn't be entertained before the court as it involved the examination of candidates' legal and fundamental rights, encompassing aspects like equitable treatment, reasonable expectations, and the entitlement to information.
The court noted that the request for disclosure of answer key or the marks attained in a public service examination would warrant and essentially entail an adjudication of the legal and fundamental rights of the candidates including fair play, legitimate expectation, and the right to know.
"In any case, where the enforcement and protection of fundamental rights or any rights of a person is sought, this court cannot look the other way," it was asserted.
It was also clarified that the present order is restricted only to the question of maintainability and its subsequent entertainability. The order on merits shall be passed after hearing the parties on merits subsequently, the court said while listing for arguments on merits on September 26.