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2021 Supreme(Raj) 1223

IN THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
INDERJEET SINGH, J.
Surendra and Ors. - Appellants
Versus
State of Rajasthan and Ors. - Respondents
S.B. Civil Writ Petition No. 10716 of 2020
Decided On : 15-07-2021

Advocates Appeared:
For the Appellant : Virendra Lodha, Senior Counsel assisted by Jai Lodha.
For the Respondents: S.S. Raghav, AAG and M.F. Baig.

Headnote:

Constitution of India, 1950 - Article 226 – Power of High court to issue writs - Advertisement issued by respondent-RPSC petitioners applied for subject post in Rajasthan State and Subordinate Services and participated in the preliminary examination which was held - Result of the preliminary examination was declared and the result of main examination was declared, thereafter extended result was also declared - According to the information of the petitioners' counsel the interviews are over – Held, petitioners are estopped to challenge the process of selection after participating in the same; in view of the judgment passed by the Hon'ble Apex Court in the matter of (supra); secondly, the answer sheets of the petitioners cannot be provided to them in view of the judgment passed by the Division Bench of this court in the matter of (supra) and the petitioners can take the copy of the answer sheets after completion of selection process; lastly, in the facts and circumstance of the present case, Court not inclined to exercise the extra-ordinary jurisdiction of this court under Article 226 of the Constitution of India - Writ petition dismissed.

JUDGMENT :

Inderjeet Singh, J.

1. This writ petition has been filed by the petitioner with the following prayer:-

    "In these circumstances, it is, therefore, prayed that the Hon'ble Court may kindly call for entire record pertaining to RAS & RTS (Mains) Examination, 2018 and after examining the same be pleased to direct the respondents and under:-

(i) By an appropriate order, writ or direction, the official respondent be directed to declare and disclose the result of the unsuccessful candidates i.e. their marks of main examination prior to holding of interview which is scheduled to commence from 05.10.2020.

(ii) By an appropriate order, writ or direction, the official respondent be directed to verify the copies of the petitioners using the barcode an independently examine the copies of few petitioners and other persons similarly situated randomly and that too manually and also to verify/compare individual answer sheets with the mark sheet and in case if there is any variation and discrepancy in the allotment of marks, in that eventuality the entire evaluation of copies be held afresh manually and it is only thereafter a new result be held afresh manually and it is only thereafter a new result be declared of main examination of RAS & RTS (Mains) Examination, 2018 and till the aforesaid exercise is carried out, the official respondents be restrained from conducting interview during the pendency of the writ petition;

(iii) By an appropriate order, writ or direction, the entire result of RAS & RTS (Mains) Examination, 2018 declared on 09.07.2018 be declared null and void and be quashed and set aside;

(iv) By appropriate order, writ or direction, the official respondent be directed to first make available and disclose the marks of the unsuccessful candidates so that they can apply for re-totaling prior to interview and till the aforesaid exercise is carried out, the official respondents be restrained from conducting interview during the pendency of the writ petition.

(v) By an appropriate order, writ or direction the unsuccessful candidates by made available their answer sheets/copies before convening of interview;

(vi) By an appropriate order, writ or direction, the petitioners be made available their marksheets in order to evaluate them to move for re-totaling before interview in order to enable the petitioners to adjust their performance;

(vii) Cost of writ petition.

(viii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the Petitioners."

2. Brief facts of the case are that in pursuance to the advertisement dated 02.04.2018 issued by the respondent-RPSC the petitioners applied for the subject post in Rajasthan State and Subordinate Services and participated in the preliminary examination which was held on 05.08.2018. Result of the preliminary examination was declared on 23.10.2018 and the result of main examination was declared on 09.07.2020, thereafter extended result was also declared on 12.03.2021. According to the information of the petitioners' counsel the interviews are over by 13.07.2021.

3. Learned Senior Counsel appearing on behalf of the petitioners submits that the respondent-RPSC has committed wrong while checking the answer sheets through screening method whereas the same should not have been checked by manually. Counsel further submits that the RPSC has selected ineligible persons and on demand marks have been supplied to them. Counsel further submits that even marks-sheets of the petitioners were also not supplied by the respondents. Counsel further submits that the liberty be granted to the petitioners to file fresh writ petition if need so arises.

4. Counsel appearing on behalf of the respondents submitted that the petitioners are estopped to challenge the process of selection after participating in the same.

5. In support of the contention, counsel for the respondents, relied upon the judgment passed by th

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