(2018)2 SCeJ 1180

SUPREME COURT OF INDIA

 

Academic matters  - Judges cannot take on the role of experts in academic matters - Unless, the candidate demonstrates that the key answers are patently wrong on the face of it, the courts cannot enter into the academic field, weigh the pros and cons of the arguments given by both sides and then come to the conclusion as to which of the answer is better or more correct - Before publishing the first list of key answers the Commission had got the key answers moderated by two expert committees -  Thereafter, objections were invited and a 26 member committee was constituted to verify the objections and after this exercise the Committee Mmade recommendations - It can be presumed that these committees consisted of experts in various subjects for which the examinees were tested.

                                                                                                                                                        

 

Academic matters  -  When there are conflicting views, then the court must bow down to the opinion of the experts - Judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their jurisdiction to upset the opinion of the experts.