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2022 Supreme(Raj) 555

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, J.
Gourav Sharma S/o Sh. Gopal Krishna Sharma – Appellant
Versus
Rajasthan Public Service Commission, Through Its Secretary – Respondent
S.B. Civil Writ Petition No. 4088, 877, 131, 5002, 6220 of 2022
Decided on : 25-05-2022

Advocates appeared:
For the Appellant : Mr. Rajendra Prasad, Senior Counsel assisted by Mr. Manish Parihar Adv. Mr. Abhinav Sharma Adv. Mr. Raghunandan Sharma Adv. Mr. Ashwinee Kumar Jaiman Adv.
For the Respondent:Mr. M.S. Singhvi Advocate General assisted by Mr. Siddhant Jain, Mr. M.F. Baig, Adv.

Headnote:

Right to Information Act - Bombay General clauses Act, 1904 - Section 3(39) - Constitution of India, 1950 - Article 14, 16, 226, 309 - Rajasthan Forest Service Rules, 1962 - Rajasthan Forest Subordinate Service Rules, 1963 - Judicial Service Rules - Rule 20(3) - Goa Civil Service Rules, 2016 - U.P. Judicial Service Rules, 2001 - Advertisement - Selections For Appointment - Brief facts are that in pursuance of advertisement issued by respondent- RPSC holding selections for appointment on posts of Assistant Conservator of Forest (99 posts) and Forest Range Officer Grade-I (70 posts), petitioners applied for said posts - Grievance of petitioners by way of filing these writ petitions is that formula of scaling applied by respondents is improper, resulting into huge and undue variation in marks awarded in different subjects and adversely affecting final merit to be drawn on basis of marks scaled, thus prayed for a direction of this Court to respondents to declare result on basis of raw marks – Held, Hon’ble Supreme Court in case of Union Public Service Commission Vs. M. Sathiya Priya & Ors. has held that High Court cannot sit as an Appellate Court over decision of expert body unless allegation of malafide is there – Court have also gone through certain Rules produced by Mr. Jaiman with regard to Rajasthan Judicial Service Rules, Rajasthan Forest Service Rules and Rajasthan Forest Subordinate Service Rules - Difference between two Rules is that in Rajasthan Judicial Service Rules, all subjects are compulsory in nature and no optional subject is there whereas in present set of Rules i.e. Rajasthan Forest Service Rules and Rajasthan Forest Subordinate Service Rules, apart from two compulsory subjects, 14 optional subjects were available in syllabus, therefore, comparison with Rajasthan Judicial Service Rules will not help petitioners - In view of above discussion, these writ petitions filed by petitioners deserve to be dismissed for reasons; firstly by applying formula of scaling since as many as 14 different optional subjects including grouping was available respondent provided same level playing field to all candidates and hence scaling formula has been rightly applied by expert body; secondly there is no allegation that paper/question is out of syllabus as prescribed under Rules; thirdly Full Commission has taken a conscious decision based on report of expert for applying formula of scaling, therefore, this Court cannot sit as an Appellate Court on decision taken by experts in field as has been held by Hon’ble Supreme Court in matter of UPSC Vs. M. Sathiya Priya; fourthly candidates have challenged procedure after participating in selection process, in Court considered view petitioners are estopped to challenge same after participating in same in view of judgment passed by Hon’ble Supreme Court in matter of Ashok Kumar (supra); fifthly out of 32382 candidates, only 17 candidates have approached this Court by filing present writ petitions without there being any allegation of malafide either against Chairman or Members of Board, therefore in view of judgment passed by Hon’ble Supreme Court in matter of State of U.P. & Ors. Vs. Atul Kumar Dwivedi & Ors (supra), writ petitions deserve to be dismissed and; lastly in facts and circumstances, Court is not inclined to exercise jurisdiction of this Court under Article 226 of Constitution of India - Petitions dismissed.

JUDGMENT :

1. All these writ petitions since involve common questions of law, hence with consent of the parties, these writ petitions have been heard together and are being decided by the present order.

2. To examine the questions raised for consideration, the facts, as prayed, have been noticed from S.B. Civil Writ Petition No.4088/2022, the prayer made therein reads as under :-

    “It is, therefore humbly prayed that Your Lordships may graciously be pleased to accept and allow this writ petition and:

    1. The action-omission on the part of respondent Rajasthan Public Service Commission in making erroneous calculation of Scaled marks on the basis of improper application of Scaling formula in the result of Objective Examination declared on 09.12.2021 in pursuance of advertisement dated 04.04.2018 for appointment on the post of Assistant Conservator of Forest and Forest Range Officer Grade-I may kindly be declared arbitrary and against the principles of fair play, in the interest of justice.

    2. The respondent Rajasthan Public Service Commission may kindly be directed to resort to the Scaling method only after adopting the principle of capping of 10% and accordingly the result declared on 09.12.2021 may kindly be ordered to be revised on the basis of Scaled marks with a capping of 10%, in the interest of justice.

    3. The Scaling formula adopted by the Rajasthan Public Service Commission in the result of Objective Examination declared on 09.12.2021 in pursuance of advertisement dated 04.04.2018 and the adversities caused there from as pleaded in the writ petition may kindly be ordered to be reviewed and examined by an independent agency/institution, in the interest of justice; or in alternate

    4. The action-omission on the part of applying Scaling method in the result of Objective Examination declared on 09.12.2021 in pursuance of advertisement dated 04.04.2018 may be declared arbitrary and accordingly the result declared on 09.12.2021 may kindly be quashed and set aside and the respondent Rajasthan Public Service Commission may be directed to declare the result of the Objective examination on the basis of actual/raw marks secured by the candidates, in the interest of justice.

    5. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.”

3. Brief facts are that in pursuance of the advertisement dated 04.04.2018 issued by the respondent-Rajasthan Public Service Commission (hereinafter to be referred as ‘RPSC’) holding selections for appointment on the posts of Assistant Conservator of Forest (99 posts) and Forest Range Officer Grade-I (70 posts), the petitioners applied for the said posts, subsequently corrigendums dated 23.04.2019, 21.01.2020 & 12.11.2021 were issued increasing the number of posts initially advertised and clarifying about the reservation to certain categories, thus in all 127 & 115 posts came to be advertised for appointment on the posts of Assistant Conservator of Forest and Forest First Grade Officer Grade-I. As per the scheme of examination, the recruitment was divided into two phases; first Objective Examination and second Interview. According to the syllabus, apart from two compulsory subjects; General Knowledge & General English, each of 100 marks, there were two optional subjects, each of 200 marks. The RPSC conducted the first phase of examination i.e. Objective Examination from 18.02.2021 to 26.02.2021 and result of the said objective examination was declared on 09.12.2021 in which as many as 871 candidates declared provisionally qualified for the next phase of the selection process i.e. interview.

4. Grievance of the petitioners by way of filing these writ petitions is that the formula of scaling applied by the respondents is improper, resulting into huge and undue variation in the marks awarded in different subjects and adve


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