Case against Indian Council of Social Science and Research ICSSR regarding not checking answer sheet of candidate in marking scheme as formate wise

Answer

A:

If the Indian Council of Social Science and Research (ICSSR) or any examination authority fails to check an answer sheet properly as per the prescribed marking scheme or format, the affected candidate has the right to challenge the evaluation process.

Under Indian law, evaluation of answer scripts must be fair, transparent, and in line with the notified scheme of examination. If a candidate can show that answers were not assessed according to the official marking scheme, it amounts to arbitrariness and violation of Article 14 of the Constitution (Right to Equality).

The candidate may:

1. File a representation or appeal before ICSSR or the examination committee, requesting a re-evaluation/re-checking as per the prescribed marking scheme.

2. If no remedy is provided, the candidate can approach the High Court under Article 226 (writ jurisdiction) by filing a writ petition against ICSSR. Courts in India have consistently held that while academic evaluation cannot be interfered with lightly, if there is clear proof of non-adherence to the marking scheme or procedural irregularity, judicial review is permissible.

3. If multiple candidates are affected, a Public Interest Litigation (PIL) can also be filed to ensure fairness in evaluation.

 Conclusion

A candidate can take legal action against ICSSR if the answer sheet was not checked in accordance with the marking scheme or format. The proper legal remedy is to first seek re-evaluation through official channels, and if denied, approach the High Court through a writ petition for enforcement of fair evaluation.