Nitin Pathak - V/s - State of M.P. & Others

Madhya Pradesh High Court (Full Bench (FB)- Three Judge)

WA, 581 of 2017, Judgment Date: Sep 04, 2017

(1) In exercise of power of Judicial Review, the Court should not refer the matter to court appointed expert as the courts have a very limited role particularly when no mala fides have been alleged against the experts constituted to finalize answer key.  It would normally be prudent, wholesome  and  safe  for  the  courts  to  leave  the  decisions  to  the academicians and experts.

(2) Secondly this Court does not and should not act as Court of Appeal in the matter of opinion of experts in academic matters as the power of judicial review is concerned, not with the decision, but with the decision making process. The Court should not under the guise of preventing the abuse of power be itself guilty of usurping power

Nitin Pathak - V/s - State of M.P. & Others