·The Hindu

"Judicial review of examination bodies' decisions raises questions about the separation of powers and institutional competence." Comment.

In this answer
  1. Why judicial review is legitimate and necessary
  2. Where competence and separation of powers constrain the court

Examination bodies like CBSE and NTA perform a public function affecting careers and livelihoods, making them amenable to writ jurisdiction under Articles 32 and 226 [3]. Yet courts reviewing marks and evaluation methods risk stepping into administrative and academic terrain. The balance lies in reviewing process, not scores.

Why judicial review is legitimate and necessary

  • Absence of an appellate forum: no statutory tribunal hears examination grievances; the writ court is the only remedy left to an aggrieved candidate [3].
  • Natural justice and fair procedure: in the 2026 CBSE On-Screen Marking (OSM) row, students reported blurred scans, missing pages and unmarked answers, with a one-week re-evaluation window for 1.68 lakh applicants; the Supreme Court sought an affidavit on remedial measures [4].
  • Systemic reform trigger: in Vanshika Yadav v. Union of India (2024), the Court ordered a revised answer key on IIT-Delhi's expert opinion and mandated an expert committee on examination security [1].

Where competence and separation of powers constrain the court

  • Academic deference: in Maharashtra State Board v. Paritosh Bhupesh Kumar Sheth (1984), the Court held judges must not substitute their view on academic matters and cannot order revaluation absent statutory provision [2].
  • Polycentric consequences: grace marks alter the ranks of an entire cohort; the Centre accordingly told the Court that grace marks are "not possible" in the OSM case [4].
  • Institutional limits: the Court declined a NEET-UG re-test as tainted candidates could not be separated on available material — a data question, not a legal one [1].
  • Prolonged supervision converts the judiciary into an examination administrator.

A calibrated middle path Courts should test procedural fairness, non-arbitrariness and transparency, while leaving evaluation standards and remedial design to the expert body under judicial monitoring [1][2].

Judicial review here supplements, not supplants, administrative authority. The durable answer is institutional: a statutory grievance-redressal and appellate mechanism, and pilot-testing of digital evaluation before rollout. Strong internal accountability makes the writ court a rare last resort rather than a routine examiner.

Sources

  1. 1Vanshika Yadav v. Union of India, Supreme Court, 8 July 2024no NEET-UG re-test, revised answer key on IIT-Delhi opinion, expert committee on exam security
  2. 2Maharashtra State Board of Secondary Education v. Paritosh Bhupesh Kumar Sheth, Supreme Court, 17 July 1984judicial restraint in academic matters; no revaluation absent statutory provision
  3. 3The Constitution of India, Articles 32 and 226 (India Code)writ jurisdiction as the basis of review over examination bodies
  4. 4Centre rejects grace marks for students in CBSE OSM row, The Hindu, 22 August 2026OSM defects, 1.68 lakh re-evaluation applicants, Centre's refusal of grace marks, SC affidavit direction

More from this note