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1992 Supreme(Raj) 472
RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.S.Singhvi, J.
Ashutosh Pareek - Appellant
Versus
Rajasthan Public Service Commission - Respondent
S.B. Civil Writ Petition No. 5992 of 1991.
Decided On : 13-01-1992
The RPSC is not bound to confine the questions in the General English paper to the various matters specified in the heading 'Scope of Papers'. The brief outline given in the syllabus is only illustrative and the Commission/Examiner is entitled to ask other questions intending to test the proficiency of the candidate in the language. The Commission is not bound to ask questions on all topics specified in the syllabus or from the brief outlines of the scope of paper given by it. The guidelines are basically meant for the general guidance of the candidates and the Commission is not bound to call upon the candidates to answer questions on each and every topic set out. If the paper covers the scope of the degree examination of the University of Rajasthan, it cannot be said that any illegality has been committed by the Commission.
Headnote:
RAJASTHAN PUBLIC SERVICE COMMISSION - GENERAL ENGLISH PAPER - SCOPE OF PAPER - INTERPRETATION OF RULES - EXPERT OPINION - JUDICIAL REVIEW - WRIT PETITION - DISMISSAL: The Rajasthan Public Service Commission (RPSC) is empowered to issue instructions including the syllabus for the guidance of candidates appearing in the Combined Competitive Examination. The syllabus prescribed for General English is intended to test the general proficiency of the candidate in the language. The paper setter is not bound to confine the questions to the various matters specified in the heading 'Scope of Papers'. The brief outline given in the syllabus is only illustrative and the Commission/Examiner is entitled to ask other questions intending to test the proficiency of the candidate in the language. The Commission is not bound to ask questions on all topics specified in the syllabus or from the brief outlines of the scope of paper given by it. The guidelines are basically meant for the general guidance of the candidates and the Commission is not bound to call upon the candidates to answer questions on each and every topic set out. If the paper covers the scope of the degree examination of the University of Rajasthan, it cannot be said that any illegality has been committed by the Commission. The Court will not interfere with the opinions expressed by the experts chosen by the Public Service Commission in academic matters unless there is an allegation of mala fides against the experts.
Fact of the Case:
The petitioner, a candidate for selection to the Rajasthan Administrative Service/Rajasthan Police Service/Rajasthan Accounts Service, challenged the General English paper held by the RPSC on the ground that it contained questions beyond the prescribed syllabus. The petitioner argued that the questions were clearly beyond his comprehension and that he could not satisfactorily answer them. He also argued that the Commission was bound to remain within the scope of the syllabus and that the result could not be declared on the basis of the examination taken with reference to such question paper.
Finding of the Court:
The Court held that the paper setter was not bound to confine the questions to the various matters specified in the heading 'Scope of Papers'. The brief outline given in the syllabus was only illustrative and the Commission/Examiner was entitled to ask other questions intending to test the proficiency of the candidate in the language. The Commission was not bound to ask questions on all topics specified in the syllabus or from the brief outlines of the scope of paper given by it. The guidelines were basically meant for the general guidance of the candidates and the Commission was not bound to call upon the candidates to answer questions on each and every topic set out. If the paper covered the scope of the degree examination of the University of Rajasthan, it could not be said that any illegality had been committed by the Commission.
Issues: 1. Whether the RPSC was bound to confine the questions in the General English paper to the various matters specified in the heading 'Scope of Papers'. 2. Whether the Commission was bound to ask questions on all topics specified in the syllabus or from the brief outlines of the scope of paper given by it.
Ratio Decidendi: The Court held that the RPSC was not bound to confine the questions in the General English paper to the various matters specified in the heading 'Scope of Papers'. The brief outline given in the syllabus was only illustrative and the Commission/Examiner was entitled to ask other questions intending to test the proficiency of the candidate in the language. The Commission was not bound to ask questions on all topics specified in the syllabus or from the brief outlines of the scope of paper given by it. The guidelines were basically meant for the general guidance of the candidates and the Commission was not bound to call upon the candidates to answer questions on each and every topic set out. If the paper covered the scope of the degree examination of the University of Rajasthan, it could not be said that any illegality had been committed by the Commission.
Final Decision: The Court dismissed the writ petition filed by the petitioner.
(a) by an appropriate writ, order or direction the General English paper held by the respondent on 4.8.91 in pursuance of the advertisement dated 1.2.90 (Annexure-l) be declared as illegal and invalid and the respondent be directed to reconduct the paper of General English for the Rajasthan State and Subordinate Services Combined Competitive Examination 1989-90; and
(b) by an appropriate writ, order or direction the question No. 8 to 17, 18 and 19 of Part B and Question Nos. 22 to 25 of Part C of the paper of General English held on 4.8.91 be declared bad and invalid and the respondent be directed not to take into consideration these questions in the preparation of the result of the paper of General English; and/or
(c) by an appropriate writ, order or direction, the respondent be directed to give the petitioner appropriate relief with regard to question Nos. 8 to 17 and 18, 19 of Part B and Question No. 22 to 26 of Part C of the paper of General English; and/or
(d) by an appropriate writ, direction or order, appoint Committee of Experts to give its opinion to the Hon'ble Court with regard to the grievance raised by the petitioner in this writ petition; and
(e) by an appropriate writ, order or direction the respondent be directed not to declare the result of the Rajasthan State & Subordinate Services Combined Competitive Examination, 1989-90; and
(f) by an appropriate writ, order or direction in case the result of Rajasthan State & Subordinate Combined Competitive Examination 1989-90 are declared, then the same may be quashed and an appropriate relief be granted to the petitioner in the facts and circumstances arising therein as a consequence of the declaration of the result by the respondent.
Compulsory papers
General Hindi M.M. 200 General English M.M. 200 Optional papers
Indian History I M.M. 200 Indian History II M.M. 200 Indian Philosophy M.M. 200 Ethics and Metaphysics M.M. 200
