Vishal Malik Vs High Court of Delhi through Registrar General

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.

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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:-

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S. No .	Question	Petitioner’s Answer	Mark Awar ded	Mr. Uniyal’s Answer	Mark Award ed	Remarks
Plea thre	se specify whe e/four sentence	ther the following sta s each:	tements	are True or False, justif	ying your	answers in
1.	Res lpsa	True.	1	True,res ispa loquitur	1.5	Same

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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

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	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	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	1.5	Statement incapable of being “justified” .
		was alsogovernor		judiciary.
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	1.5	Answer given by Petitioner is more specific.
				penalty.
Exp	lain the legal p	erspective of the follo	wing,	in the context of India, ver	y briefly	in three-four
sent	ences 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	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	1.5	Answer given by Petitioner has more content.
		recently		Constitution.
5.	Hung	It means noparty	1	Where there is no clear	1.5	Same

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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

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	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
Cu Exa	mulative marks miner	lost due to arbitrar	y diff	erential marking by the	3 marks
Diff	erence between	Petitioner’s marks (	485) a	nd cut-off mark	2 marks

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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.

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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.

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This is a digitally signed order.

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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

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We do not find any shocking or apparent error, for which we can think of entertaining the writ petition.

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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.

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The petition along with pending application is liable to be and is hereby, dismissed.

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DINESH MEHTA, J

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VINOD KUMAR, J

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APRIL 29, 2026/ ss

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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

Vishal Malik v. High Court of Delhi through Registrar General

Case brief

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Vishal Malik v. High Court of Delhi through Registrar General

Case brief

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