$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4185/2025 CM APPL. 19388/2025 VISHAL MALIK .....Petitioner Through: Mr. Somesh Chandra Jha and Mr. Akash Kishore, Advs. versus HIGH COURT OF DELHI THROUGH REGISTRAR GENERAL .....Respondent Through: Mr. Shohit Chaudhry, Adv. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR O R D E R % 29.04.2026 1. By way of the present writ petition, the petitioner has challenged, rather questioned, the marking criteria adopted by the respondent-Delhi High Court inter alia contending that the petitioner has been awarded lesser marks, (one mark each of the foire questions), whereas another candidate Mr. Hemant Prasad Uniyal was given 1.5 marks in Delhi Judicial Service Examination, 2023, which was conducted on 07.01.2025. 2. The petitioner has placed for our perusal, a comparative chart while cataloguing the answers he gave viz-a-viz the answers said to have been given by Mr. Uniyal with the written arguments. The same has been reproduced herein:- S. No . Question Petitioner’s Answer Mark Awar ded Mr. Uniyal’s Answer Mark Award ed Remarks Please specify whether the following statements are True or False, justifying your answers in three/four sentences each: 1. Res lpsa True. 1 True, res ispa loquitur 1.5 Same This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:37:24 loquitur is generally applied in claims under torts Res ispa loquitor generally applied to negligence, means the act speaks for itself, which shifts the onus of proof on the wrongdoer. is rule of evidence, which applied to cases of torts. The tort of negligence where the doctrine of res ispa loquitur applies as where the negligence of defendant “speaks for itself” and burden to prove on Plaintiff is relaxed. answer in substance. 2. Justice M. Fathima Beevi was the first lady Chief Justice of India False. J. Fathima Beevi was the 1st Justice women in the Supreme Court who was recently died and got the Palma Vibhushna award from the government. She was also governor 1 False, J. Fathima Beevi was the first lady Supreme Court Judge of India. She elevated to SC in 1989 and became first lady in Asia also and Second lady in World at such top position in judiciary. 1.5 Statement incapable of being “justified” . 3. President of India is not only the head of the executive, but also wields legislative and judicial powers. True, the President of India wields executive power (Art 52 r/w Art 73), legislative (Art 123), ordinance, and judicial (Pardon power Art 72). 1 True, The president of Indian Under Article 123 use the legislative power and promulgate the ordinance when houses of parliament are not in session. Article 72 the president can reprive, suspend or pardon the sentence of any person include the death penalty. 1.5 Answer given by Petitioner is more specific. Explain the legal perspective of the following, in the context of India, very briefly in three-four sentences each: 4. Electoral bonds These bonds came through Finance Act, 2017, which can be purchased by a vendor to fund political parties. Regulated by SBI. It is an electoral funding mechanism which is declared unconstitutional recently 1 The Supreme Court in Association for Democratic Reform (ADR) v. UOI (2024) held that Electoral Bond scheme for political funding is invalid and unconstitutional as violative of Article 19(1)(a) of the Constitution. 1.5 Answer given by Petitioner has more content. 5. Hung It means no party 1 Where there is no clear 1.5 Same This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:37:24 legislature was able to secure a majority or form a government. If jointly no party would be able to form a government, then the President/Governor imposes President's rule or dissolves > fresh election majority in the House of People or Legislative Assembly of a State, such a situation is called a hung legislature answer in substance 6. Citizenship Amendment Act CAA, 2019, which gave citizenship rights to Hindus, Sikhs, etc but not Muslims of a neighboring country who came before 2014 to India due to fear of persecution 1 The Citizenship Amendment Act (CAA) provides citizenship to immigrants who are Hindus, Buddhists, Sikhs from Pakistan, Afghanistan, & Bangladesh after they have spent five years in India as residents. Recently CCA is enforced by the Central Government. 1.5 Same answer in substance Cumulative marks lost due to arbitrary differential marking by the Examiner 3 marks Difference between Petitioner’s marks (485) and cut-off mark 2 marks 3. On perusal of the comparative chart, we find that in each of the answers given, the petitioner has been awarded one mark while the corresponding candidate Mr. Hemant Prasad Uniyal was awarded 1.5 marks. 4. Learned counsel for the petitioner tried to explain the answers given by the petitioner and compare it with the answer given by Mr. Uniyal, who is not even a party in the petition. 5. Be that as it may. The jurisdiction of the High Court under Article 226 of the Constitution of India, cannot be expanded to the extent which the petitioner has asked for. The High Court cannot become an examiner of the examiners. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:37:24 6. We do not find any shocking or apparent error, for which we can think of entertaining the writ petition. 7. That apart, the subject examinations were held on 07.01.2025 and result thereof was declared on 04.03.2025. The candidates have not only been appointed but have also been sent for training. 8. The petition along with pending application is liable to be and is hereby, dismissed. DINESH MEHTA, J VINOD KUMAR, J APRIL 29, 2026/ss This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/05/2026 at 12:37:24