Sanjeev Yadav v. State Of Haryana And Others
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%, # # 5 10. From the reading of above cited judgments, it is evident that High Court cannot turn a blind eye if selection board has selected an answer which cannot be accepted at all. If there is doubt, the benefit of doubt must go to selection agency, however, in the absence of doubt, if opinion of selection agency is accepted, it would entail casualty of merit, miscarriage of justice and violation of Article 14 and 16 of the Constitution of India. Constitutional Courts are custodian of fundamental rights and assigned role of sentinel on the qui vive. One cannot be heard to claim that government job is his fundamental right, however, the moment he cuts the ice and crosses the cut off barrier, cannot be ignored on account of lapse on the part of government machinery because it would amount to violation of fundamental right of equality in job opportunities guaranteed by Articles 14 and 16 of the Constitution of India.
2 A Constitution Bench in S.P. Gupta v. Union of India, 1981 Supp SCC 87 has observed that if there is one principle which runs through the entire fabric of the Constitution, it is the principle of the rule of law. It is the judiciary which is entrusted with the task of keeping every organ of the State within the limits of the law and thereby making the rule of law meaningful and effective. It is to aid the judiciary in this task that the power of judicial review has been conferred upon the judiciary and it is by exercising this power which constitutes one of the most potent weapons in armoury of the law, that the judiciary seeks to protect the citizens against violation of his constitutional or legal rights or misuse or abuse of power by the State or its officers. The judiciary stands between the citizen and the State as a bulwark against executive excesses and misuse or abuse of power by the executive.
11. The respondent has pleaded that Commission is not an Expert Body. It has further pleaded that in the present world of digitalizaton and internet, the answer to different questions may differ from site to site and book to book. The Commission is dependent upon report of Chief Examiner/Expert Body.
12. As laid down by Supreme Court, in case of doubt, the benefit of doubt should be given to Selection Committee, however, in the absence of doubt/ambiguity, the candidates cannot be deprived of marks of correct answer. In the case in hand, there is no question pointed out by petitioners, answer of which selected by respondents, can be declared as manifestly absurd or incorrect. There is only doubt and as per petitioners more than one options are correct.
13. In the wake of law laid down by Hon'ble Supreme Court; the fact that respondent referred the matter to Chief Examiner who further forwarded the matter to an expert committee; there is no allegation of mala fide; all the candidates have already joined and a period of more than three years from the date of result has passed away, this Court does not find it appropriate to set aside answer key uploaded by respondent and doubted by petitioner.
14. In the wake of above factual position, this Court is of the considered opinion that the instant petitions deserve to be dismissed and accordingly dismissed.
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