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2015 Supreme(Raj) 275

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL AMBWANI & JAISHREE THAKUR, JJ.
Chandu Parihar & Another – Appellants
Vs.
State of Rajasthan & Others – Respondents
Civil Special Appeal No. 1695, 1696 of 2014 & Civil Special Appeal (Writ) No. 75, 121, 122, 123, 124, 131, 132 of 2015
Decided On : 10.4.2015

Advocates:
Advocate Appeared:
Mr. R.N. Mathur, Senior Advocate assisted by Mr. Ankur Mathur for the Appellants.
Mr. J.P. Joshi, Senior Advocate assisted by Mr. Tarun Joshi, Mr. Siddharth Joshi, Mr. Khet Singh, Mr. Hanuman Singh Choudhary for the Rajasthan Public Service Commission.
Mr. S.P. Sharma, Senior Advocate assisted by Mr. A.K. Choudhary, Mr. Gaurav Sharma, Mr. Mahaveer Pareek, Mr. Ankit Sethi for the Respondents.

Headnote:

Constitution of India, 1950 - Article 14 - Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) (Amendment) Rules, 2012 - Moderation and scaling method adopted - Scaling method and examining - Examination of RAS/RTS - Quashed and set aside - Intra-court Special Appeals are directed against judgment of learned Single Judge by which he has interfered with moderation and scaling method adopted by Rajasthan Public Service Commission in the selections for Rajasthan Administrative Service - examination of RAS/RTS held for 2012 in pursuance of Advertisement under the Rules of 1999 are saved and are not set aside - Examination of the year 2012 shall be deemed to have been taken and completed now & with stage of raw marks available - Respondent RPSC will be free to now constitute an Expert Committee of 7 or 9 members including experts in statistics & academicians with the Chairman of RPSC & undertake requisite and mandatory study and assessment of need and requirement to invoke and apply scaling and moderation techniques to the present RAS/RTS examination also and minutes and resolution and relevant material about subject wise determination of standard mean and standard deviation on the basis of which they arrive at such decision shall be maintained & preserved by them for scrutiny by the courts of law - Held, Petitioner that words obtained in the written papers refer only to the actual marks awarded by examiner - Valuation is a process which does not end on marks being awarded by an examiner - Award of marks by the examiner is only one stage of the process of valuation. Moderation when employed by the examining authority becomes part of the process of valuation and the marks awarded on moderation become the final marks of candidate - In fact Rule 20(3) specifically refers to the marks finally awarded to each candidate in written examination thereby implying that the marks awarded by the examiner can be altered by moderation - Supreme Court thereafter, observed in para 23 of judgment in case that moderation is adopted to avoid examiner variability or hawk-dove effect - Rajasthan Public Service Commission for RAS Examination since 1993 and same has been approved by four Division Benches of this Court last of which was Jai Singhs case - In view of the long chain of precedents it was not open for learned Single Judge to have deviated from the law laid down by the Division Benches of this Court, in breach of principles of stare - Special Appeals are allowed

JUDGMENT

SUNIL AMBWANI, J.

1. These intra-court Special Appeals are directed against the judgment of learned Single Judge dated 26th November, 2014, by which he has interfered with the moderation and scaling method adopted by the Rajasthan Public Service Commission in the selections for Rajasthan Administrative Service, 2012 and has given several directions, on his own perceptions in applying the scaling method and examining the answer books and preparing the results of the RAS Examination 2012. The directions given by learned Single Judge are as follows:-

“60. In the aforesaid view of the matter, the writ petitions are disposed of with the following directions:-

(i) That the examination of RAS/RTS held for 2012 in pursuance of Advertisement dated 6/2/2012 under the Rules of 1999 are saved and are not set aside.

(ii) The cryptic & not well founded decision of the RPSC dated 24/1/2014 to apply the scaling method to the present examination of RAS/RTS for 2012 is quashed and set aside.

(iii) The result of the said examination of 2012 declared by the RPSC on 27/1/2014 is also quashed and set aside.

(iv) The said examination of the year 2012 shall be deemed to have been taken and completed now & with the stage of raw marks available, the respondent RPSC will be free to now constitute an Expert Committee of 7 or 9 members including experts in statistics & academicians with the Chairman of RPSC & undertake the requisite and mandatory study and assessment of the need and requirement to invoke and apply the scaling and moderation techniques to the present RAS/RTS examination of 2012 also and the minutes and resolution and relevant material about subject wise determination of standard mean and standard deviation on the basis of which they arrive at such decision shall be maintained & preserved by them for scrutiny by the courts of law, in case any such occasion so arises.

(v) In case the RPSC now decides not to invoke and apply the scaling method to the present examination of the year 2012, they will be free to immediately declare the result on the basis of raw marks already published by them.

(vi) In case the RPSC now decides after the aforesaid prerequisite study into the requirement and need to invoke and apply these moderation method for compulsory papers & scaling method to optional subjects to this examination, then the said exercise should be undertaken and completed within the period of three months from today and, thereafter, the results may be declared & published giving both the raw marks and the moderated marks for compulsory papers and scaled marks for the optional papers in the mark sheets to be published by them for all the candidates.

(vii) That in case the difference or variance of marks on account of moderation & scaling method is beyond 10% of the maximum marks in a particular paper, then such scaled or moderated marks beyond 10% of the maximum marks shall be ignored and the scaling or moderation to the extent of 10% of maximum marks for that paper can only be taken into consideration and in such case, the scaled or moderated marks with 10% cap, as explained above, shall be treated as the finally awarded marks but the ignored range of marks on account of such cap or limitation need not be published and the RPSC may only maintain a record thereof.

61. With the aforesaid observations and directions, the present writ petitions are disposed of with no order as to costs.

Sd/-

(DR. VINEET KOTHARI), J.”

2. The results of the written examinations were declared and the interviews were in progress when the impugned judgment was delivered on 26th November, 2014, causing uncertainty with the examining body and the candidates, who had appeared and were declared successful in the written examinations. In D.B. Civil Special Appeal No. 1695/2014 Chandu Parihar & Another vs. State of Rajasthan & Others, alongwith connected D.B. Civil Special Appeal No. 1696/2014 Lalit Kumar Bishnoi & Others vs. State of Rajasthan, a Division Bench of th













































































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