Courts Can Interfere If UPSC Answer Key Is Patently Incorrect: Delhi High Court

The Delhi High Court has observed that there is no bar on a Court in examining issues concerning an answer key that, if the suggested answers as per the suggested answer keys are patently incorrect.

A division bench of Justices C Hari Shankar and Om Prakash Shukla made this observatuon while hearing a plea by a candidate belonging to the OBC Non Creamy Layer, who had attempted the UPSC Forest Service Examination, 2022.

The candidate did not clear the examination and thus he approached the Central Administrative Tribunal alleging that the suggested answers to Questions 88 and 96 of the General Studies Paper-I, as contained in the official answer key, were incorrect.

The petitioner’s case was that, while the suggested answer key suggested option (d) for question 88, the correct option was option (c) and while the suggested answer key suggested option (d) for question 96, the correct answer, according to the petitioner was option (b).

Without expressing any opinion on the correctness of the suggested answers as the Tribunal had not addressed this issue and has merely dismissed the petition following its own earlier decision, the high court observed, "It is settled law that there is no absolute bar on a Court examining such a contention and that, if the suggested answers as per the suggested answer keys are patently incorrect, the Court can interfere."

High Court held that Tribunal erred in its approach and it failed to consider that the petitioner was not seeking re-evaluation of examination papers but was questioning the correctness of the suggested answers in the model answer key released by the authorities conducting the examination.

Relying on its judgment in Staff Selection Commission v. Shubham Pal & Ors the bench said there is no absolute bar to entertain such a challenge. "Of course, where the matter is arguable, or where the suggested answer in the answer key is even a plausible answer, the Court would not interfere. Where, however, the answer is demonstrably unacceptable, the Court would definitely interfere ex debito justitiae", the bench added.

The high court has directed the Tribunal to take up a consideration afresh. As this involves the candidature of a candidate for entry into the Indian Forest Service and the issue is short, we request the Tribunal to take up this matter on the next date of hearing finally and to take a view thereon as expeditiously as possible, the bench ordered.

Case Title: BISEN ANSHUL KUMAR vs. UNION OF INDIA AND ANR

Bench: Justices C Hari Shankar and OP Shukla

Judgment Date: May 29, 2026