Is an examination question or answer tested as it stands, not as it ought to have been framed?
Coram: Justice Manoj Misra · Justice Vijay Bishnoi
An examination question or answer is tested as it stands, not as it ought to have been framed.
Yes. The Court must consider only whether the question or answer, as it stands, is correct — not what it ought to have been. A candidate cannot contend that a question should have been differently drafted; if the question and its answer, as they stand, do not suffer from a glaring mistake, the Court cannot read them as something else merely because that would have made more sense.
Judicial review — Examination answer keys — Scope of interference — Presumption of correctness — Glaring mistake standard — Judicial review — Examination answer keys — Standard for interference — Held: A challenge to an answer key succeeds only where the mistake is so glaring that no inferential reasoning is needed to show it. The court does not itself re-evaluate the answer, and any doubt is resolved in the examining body's favour. (¶20, 22) Judicial review — Correction of a question or answer — When interference is warranted — Held further: The Court may exclude a question shown to be incorrect, or admitting two correct answers among the options given, and may direct marks for the correct answer instead. Absent a glaring mistake, the examining body's chosen answer stands. (¶22, 32) Judicial review — Question read as it stands — Disposition — Held further: An examination question or answer is tested as it stands, not as it ought to have been framed. Finding no such glaring mistake here, the appeal was allowed and the High Court's review order set aside. (¶29, 30, 33)
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