Case Note & Summary
The petitioners, minor students who appeared for the All India Sainik Schools Entrance Examination (AISSEE) 2024 conducted by the National Testing Agency (NTA), challenged the tie-breaking criteria adopted by NTA for selection to Sainik Schools. The tie-breaking rule gave preference to candidates with higher marks in Mathematics, followed by Science, and then English. The petitioners argued that this criteria was arbitrary and irrational, and that the evaluation of their OMR sheets was flawed. They sought re-evaluation or a different tie-breaking method. The Bombay High Court dismissed the petitions, holding that the tie-breaking criteria were rational and non-arbitrary, as they were consistent with the objective of Sainik Schools which emphasize Mathematics and Science. The court noted that the NTA is an expert body and its policy decisions should not be lightly interfered with. The court also found no merit in the challenge to the OMR evaluation process, as the petitioners failed to point out any specific error. The court emphasized the limited scope of judicial review under Article 226 in examination matters, stating that the court cannot substitute its own judgment for that of the expert body unless the decision is arbitrary, irrational, or mala fide. The petitions were dismissed with no order as to costs.
Headnote
A) Administrative Law - Judicial Review of Examination Policy - Tie-Breaking Criteria - Rationality and Non-Arbitrariness - The court examined whether the tie-breaking criteria for AISSEE 2024, which prioritizes higher marks in Mathematics and Science, was arbitrary. Held that the criteria were rational and non-arbitrary, as they aligned with the objective of selecting candidates for Sainik Schools which emphasize Mathematics and Science. The court declined to substitute its judgment for that of the expert body (Paras 10-15). B) Examination Law - OMR Evaluation - Expert Body Discretion - The petitioners challenged the OMR evaluation process, alleging errors. The court held that the evaluation by NTA, an expert body, should not be interfered with lightly, and the petitioners failed to demonstrate any specific error in the evaluation of their OMR sheets (Paras 16-18). C) Constitutional Law - Article 226 - Scope of Judicial Review in Examination Matters - The court reiterated that under Article 226, the High Court's power of judicial review is limited to examining the decision-making process, not the merits of the decision, unless the decision is arbitrary, irrational, or mala fide. The tie-breaking policy was found to be reasonable and within the domain of the examining body (Paras 19-22).
Issue of Consideration
Whether the tie-breaking criteria adopted by the National Testing Agency (NTA) for the All India Sainik Schools Entrance Examination (AISSEE) 2024, which gives preference to candidates with higher marks in Mathematics and Science, is arbitrary and irrational, and whether the evaluation of OMR sheets was flawed.
Final Decision
The Bombay High Court dismissed both writ petitions, upholding the tie-breaking criteria adopted by NTA for AISSEE 2024 as rational and non-arbitrary. The court declined to interfere with the OMR evaluation process. No order as to costs.
Law Points
- Administrative Law
- Judicial Review
- Policy of Examination
- Tie-Breaking Criteria
- Rationality
- Non-Arbitrariness
- OMR Evaluation
- Expert Body Discretion




