SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
Richal & Ors. Etc. Etc. – Appellants
Versus
Rajasthan Public Service Commission & Ors. Etc. Etc. – Respondents
Civil Appeal Nos. 4695-4699, 4722-4725, 4702, 4700-4701, 4711-4712, 4707-4710, 4703-4706, 4726, 4713-4720, 4721, 4727, 4730, 4728, 4729 & 4731 of 2018 (Arising out of SLP (C) Nos. 14306-14310, 19151-19154, 14481, 14356-14357, 14593-14594, 14581-14584, 14522-14525, 19157, 14947-14954, 18982, 21506, 29556, 24264, 28724 & 32467 of 2017) C.A. No. 4754 of 2018 (arising out of SLP (C) No. 11674 of 2018) (Diary No. 9579 of 2018
Decided On : 03-05-2018
(1983) 4 SCC 309; (2005) 13 SCC 744; (2005) 13 SCC 749; (2013) 4 SCC 690 – Relied upon
Writ Petition No. 15028/2016 – Referred
(b) Examination – Questions deleted by expert committee – Distribution of marks – commission distributing marks of deleted questions uniformly to all remaining questions – Not arbitrary or irrational. (Para 21)
Facts of the case:
The Rajasthan Public Service Commission advertised 13,000 posts of School Lecturers for various subjects under Secondary Education Department, Government of Rajasthan. The examination consisted of two papers – Paper-I – General Awareness and General Studies, and Paper-II of respective subjects.
The Commission declared the result, against which several writ petitions were filed questioning various answers as per final answer key. The Single Judge dismissed the bunch of writ petitions accepting the Expert Committee's report on various answers.
Writ appeals were filed by various candidates. The Division Bench dismissed the writ appeals.
Finding of the Court:
Commission should revise the entire result of all the candidates except those who have been selected on the basis of the report of Expert Committee and publish revise result of all the candidates.
Result: Appeals disposed of.
JUDGMENT :
Ashok Bhushan, J.
Delay Condoned. Leave granted.
2. This batch of appeals questions the judgment delivered by Special Appeal Benches of the Rajasthan High Court. The Special Appellate judgment of Rajasthan High Court dated 08.03.2017 delivered at Jodhpur and Judgment dated 13.04.2017 delivered at Jaipur Bench, affirming the judgments of learned Single Judge dismissing the writ petitions filed by the appellants are under challenge.
3. The appellants had appeared in School Lecturer Exam – 2015 conducted by Rajasthan Public Service Commission (hereinafter referred to as “Commission”), in which they could not be declared successful. Brief facts giving rise to these appeals are:
(i) The Rajasthan Public Service Commission vide its advertisement dated 16.10.2015 advertised 13,000 posts of School Lecturers for various subjects under Secondary Education Department, Government of Rajasthan. The examination consisted of two papers – Paper-I – General Awareness and General Studies, and Paper-II of respective subjects. The examination was conducted on 17.07.2016. On 12.08.2016, answer keys were published inviting objections regarding the answer key. Many candidates submitted objections with regard to different subjects, with regard to Paper-I as well as Paper-II. On 22.09.2016, the Commission declared the result, against which several writ petitions were filed questioning various answers as per final answer key. The learned Single Judge vide its judgment and order dated 08.11.2016 in Writ Petition No. 15028/2016 Arvind Kumar & Ors. Vs. RPSC & Ors. disposed of the writ petition with various directions. One of the directions was to upload the revised answer key along with report of Experts on the website within one week. In pursuance of directions of learned Single Judge dated 08.11.2016, final answer key was published on 18.11.2016 and 18 questions in Paper-I were deleted. Second round of litigations was started by filing various Writ Petitions by the candidates raising various objections to the answer key. The learned Single Judge vide its judgment dated 08.02.2017 at Jodhpur dismissed the bunch of writ petitions after considering the objections raised by several writ petitioners. Learned Single Judge accepted the Expert Committee's report on various answers.
(ii) Against the judgment dated 08.02.2017, writ appeals were filed by various candidates at Jodhpur. The Division Bench vide its judgment dated 08.03.2017 dismissed the writ appeals confirming the judgment of learned Single Judge. While dismissing the writ appeals, various directions were issued by the Division Bench to the Commission with regard to preparation and publication of answer key and action to be taken against those who are entrusted with the preparation of key answers. At Jaipur also, writ petitions were dismissed, against which writ appeals were filed and vide judgment dated 13.04.2017, following the judgment dated 08.03.2017 delivered at Jodhpur, the Division Bench also dismissed the different writ appeals.
(iii) Following judgment dated 08.03.2017, the Division Bench both at Jodhpur and Jaipur dismissed several other writ appeals. Before us, the appeals filed against the judgment dated 08.03.2017 and judgment dated 13.04.2017 and various other judgments following earlier judgments have been filed. The judgment dated 08.03.2017 delivered at Jodhpur Bench is the main judgment which has been followed by the High Court in several judgments for deciding this batch of appeals. It shall be sufficient to refer to and consider the Division Bench judgment dated 08.03.2017 giving rise to the Civil Appeal arising out of SLP (C) Nos. 14306-14310 of 2017 – Richal & ors. etc. etc. Vs. Rajasthan Public Service Commission & ors. etc. etc. for deciding this batch of appeals.
4. In this batch of appeals, various applications for impleadment and intervention have been filed. We al
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