it would be useful to note the guiding principles on which objections to the
answer key or the question itself need to be tested.
8. In the decision reported as (1983) 4 SCC 309 Kanpur University Vs.
Sameer Gupta, laying down the scope of judicial review pertaining to an
answer key, the Supreme Court had observed as under:-
“We agree that the key answer should be assumed to be correct
unless it is proved to be wrong and that it should not be held to
be wrong by an inferential process of reasoning or by a process
of rationalization. It must be clearly demonstrated to be wrong,
that is to say, it must be such as no reasonable body of men
well-versed in the particular subject would regard as correct.
The contention of the University is falsified in this case by a
large number of acknowledged text books, which are commonly
read by students in U.P. Those text-books leave no room for
doubt that the answer given by the students is correct and the
key answer is incorrect.
17. ….Certain books are prescribed for the Intermediate
Board Examination and such knowledge of the subjects as the
students have is derived from what is contained in those text-
books. Those text-books support the case of the students fully.
If this were a case of doubt, we would have unquestionably
preferred the key answer. But if the matter is beyond the realm
of doubt, it would be unfair to penalize the students for not
giving an answer which accords with the key answer, that is to
say, with an answer which is demonstrated to be wrong.”
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On : September 30, 2016
W.P.(C) 8629/2016
ANIL KUMAR
v
REGISTRAR GENERAL HIGH COURT OF DELHI .....
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
