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2013 Supreme(Raj) 1390

MOHAMMAD RAFIQ
Kamlesh Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent


For the Appellant:Ashok Gaur, Senior Advocate with Ashwini Jaiman, D.P. Sharma, K.N. Sharma, Girraj P. Sharma, Ankur Srivastava, Gaurav Sharma, Saransh Saini, Tanveer Ahmed, Rajesh K. Bhardwaj, Sunil Kumar Singodiya, S.R. Choudhary, Brijesh Bhardwaj, Sunil Kumar Jain, Gaurav Sharma, Vikas Kabra, K.C. Sharma, Yunus Khan, B.M. Sharma, B.S. Shekhawat and Ankul Gupta, Advocates.
For the State:G.S. Bapna, Advocate General, with Sarvesh Jain, Advocates.
For the RPSC:S.N. Kumawat, Additional Advocate General with Shantanu Kumawat, Advocates.
For the Private-Respondents:A.K. Sharma, Senior Advocate with V.K. Sharma, Shri G.K. Garg, Senior Advocate with Smt. Anita Agarwal, S.C. Gupta Kapil Prakash Mathur, Manoj Agarwal, Shikha Parnami, Mahesh Gupta, Advocates.

JUDGMENT

1. - All these writ petitions have been filed by those who applied for appointment on the post of Assistant Public Prosecutor Gr.II in response to advertisement No.6/11-12, dated 26.05.2011, issued by respondent Rajasthan Public Service Commission and remained unsuccessful. Rajasthan Public Service Commission (for short, 'RPSC') in the aforesaid advertisement invited application for appointment against 159 posts of Assistant Public Prosecutor Gr.II (for short, 'APP Gr.II'). RPSC received a total of 15776 applications. In the scheme of the Rajasthan Public Subordinate Service Rules, 1978, appointment to the post of APP Gr.II is based entirely on interview. Discretion has been given to RPSC to conduct screening test for the purpose of short listing the candidates. It was for that purpose that RPSC conducted a written examination on 01.12.2011 for all 15776 candidates, who applied. Actually, however, only 9191 candidates appeared for this screening test.

2. All the candidates were subjected to written examinations on a question booklet covering relevant subjects to test their knowledge of law, which consisted of 100 objective type questions. Four options were given against eac











































































































































































































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