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2021 Supreme(Raj) 1107

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sanjeev Prakash Sharma, J.
Sarita Meena - Appellants
Vs.
State of Rajasthan and Ors. - Respondent
S.B. Civil Writ Petition No. 21681 of 2018
Decided On : 19-02-2021

Advocate Appeared:
For the Appellant :Siddharth Jain, R.D. Meena, Ram Pratap Saini, Dheeraj Palia, Naveen Dhuwan, Shashi Bala Sharma, Manoj Kumar Avasthi, Shiv Charan Gupta, Gajender Sharma, Mahendra Sharma, Sultan Singh Kuri, Neetu Bhansali, Madhumita Das, Sukhraj Singh Rathore, Satya Pal Poshwal, Sudhir Yadav, Hari Krishana Sharma, Kuldeep Aswal, Kuldeep Kumar Sharma, Mahipal Singh Kharra, Laxmi Kant Malpura, Sunil Kumar Singodiya, Rameshwar Prasad Sharma, Shobhit Vyas, Sudesh Kasana, Ravindra Kumar Tomar, Sameer Sharma, Vigyan Shah, N.K. Tiwari, Bhupendar Kumar Sharma, Subhash Sharma, Ashok Yadav, Manoj Ojla, Amit Kumar Gauttam, Rahul Lodha, Sanjay Buri, Karan Singh and Neelu Sharma, Advocates.
For the Respondents:C.L. Saini, AAG, Jaivardhan Singh Shekhawat, Advocate on behalf of R.P. Singh, AAG and Vinod Kumar Gupta, Advocate.

Headnote:

Rajasthan Eligibility Exam for Teachers - Post of Teacher Grade-III - Participation/selection - Several questions in question papers for REET 2017 had wrong answers published in answer key or there were more than one options which were correct. It is submitted that on account of such discrepancy in the answer key, the petitioners have been deprived of receiving minimum 60% marks for REET-2017 and subsequent deprivation from participation/selection in appointment for post of Teacher Grade-III - Held, This court is satisfied that respondent-Board has conducted a sufficient exercise to reach to its satisfaction that answer key which finally has been published is in accordance with syllabus as well as for expert opinion received by it from subject experts. No interference can be made to such report of expert committee as this court does not have expertise to substitute its own opinion to that arrived at by an expert committee. If there are two different views based on two different authors, it is expert of subject, who would be entitled to take a decision - Thus, it is decision making process which can be examined in judicial review and not the ultimate decision - Writ petitions dismissed.

JUDGMENT :

Sanjeev Prakash Sharma, J.

1. The petitioners have preferred these writ petitions assailing the answer key published finally for the Rajasthan Eligibility Exam for Teachers (REET-2017).

2. It has been submitted that several questions in the question papers for REET 2017 had wrong answers published in the answer key or there were more than one options which were correct. It is submitted that on account of such discrepancy in the answer key, the petitioners have been deprived of receiving minimum 60% marks for REET-2017 and subsequent deprivation from participation/selection in appointment for the post of Teacher Grade-III.

3. In S.B. Civil Writ Petition No. 21681/2018 : Sarita Meena vs. State of Rajasthan & Ors., a challenge has been made to the answers provided in the answer key for question Nos. 15, 33, 79, 90, 95, 132, 140 & 147 of "Booklet Series F".

4. Learned counsel has painstakingly taken this court to each and every question and the options mentioned therein and also to certain reference books to contend that the answers provided in the answer key were wrong and he submits that either the answers which the petitioners have answered should be treated as correct or in the alternative, the questions should be deleted and bonus marks should be awarded to all.

5. Similarly, in the other writ petitions which have been heard jointly with this petition, certain other questions and answers provided in the answer key thereto, have been challenged. A reply has been filed by the Board of Secondary Education, Ajmer (Raj.) which conducted the said examination and declared the answer key. It is submitted that they received the objections in pursuance of the advertisement published inviting objections to the answer key and all the objections were placed before the subject-wise expert committee formed by them having at least three experts of the concerned subject. It is stated that the expert committee formed, considered each and every objection received from the candidates and material submitted by them in support of their objections. At the same time, the expert committee also considered the material submitted by the paper setter/re-appraisal committee and after examining all the aspects, the expert committee has given its suggestions with regard to the questions and the objections. It has suggested to grant bonus marks in respect of certain questions and also suggested different answers in respect of certain questions. The Board conducted the complete exercise on the basis of suggestions and expert committee report and the result was declared finally by publishing of the answer key on 31.07.2018.

6. For the reference of this Court and satisfaction for the respondents, the reply has been filed mentioning the opinion of the experts in relation to each and every question, which would be useful to quote hereinunder:-

    "That the petitioner has challenged the answers of Question Nos. 27, 38, 70, 103, 124, 139, & 147 of "E" series by way of filing the present writ petition contrary to the answer suggested by the Experts. The aforesaid question are being reproduce here as under:-

Subject:- Child Development and Pedagogy

Q. No. 27 (E-Series)

27. A 5 year old child has a general lack of responsiveness to others, serious deficiency in communication and unusual repetitive behaviour. Such characteristics are the sign of

(A) Hearing impairment

(B) Scholastic backwardness

(C) Infantile Autism

(D) Learning disability

The petitioner is claiming that right answer is option "D" which is not correct. The Experts have categorically suggested right answer as option "C". The said opinion is based on "Introduction to Psychology" published by Tata Mc Graw Hill Education, "Educational Psychology" published by Tata Mc Graw Hill which are renowned book in this field and "Inclusive Education" of Yatindra Thakur published by Agrawal Publications.

Subject:-

Q. No. 38 (E-Series)

The petitioner is claiming that right answer is option "A" which is not correct. The Experts ha

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