State Liability And Institutional Accountability In Public Examinations: A Doctrinal Study On Candidates’ Rights
- IJLLR Journal
- 3 hours ago
- 2 min read
Chhaya Kothiyal & Prof. (Dr) Anil Dixit
ABSTRACT
In the Indian society and country, the public examination has a vital role in granting access to education, public employment, and professionalism. Thus, the validity of these examinations is crucial for sustaining confidence in merit-based selection processes in the eyes of the public. There have been serious doubts about the accountability of examining authorities and the liability of the State due to the question paper leak, mis-evaluation, technology glitches, late results, and arbitrary cancellation of the tests during the past few years. The rights of those who suffer the consequences of administrative failures have received comparatively little discussion in legal writing, even though it is on these preferred rights that institutional accountability and examination examination integrity has always focused.
This is a doctrinal study that discusses the State's responsibility and the responsibility of institutions in the public examination's, including candidates' rights. The study examines the constitutional provisions, the statutory laws in place, judicial precedents and principles of administrative law with regard to the public examination in India. Special care is taken of the rights to a fair examination, timely declaration of results, right to correct evaluation and right to compensation for institutional failure. The paper also considers how the courts have reacted to this development in each of these settlements, and explains the lack of any further systemic remedies and potentially how candidates will receive any future relief.
What it says is that the candidates are not only a part of a process of administration, but they are also “person” who have rights, which can be protected under Article 14 and 21 of the Constitution of India.
In closing, it argues for more robust measures of legal protection for candidates, more efficient processes for redressing complaints, and systems of compensation, to ensure public confidence in the processes of lawful exams.
Keywords: Public Examinations, Candidates' Rights, State Liability, Institutional Accountability, Article 14, Article 21, Constitutional Tort, Fair Examination, Evaluation Transparency, Compensation, Administrative Law, Judicial Review.
