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ASHOK KUMAR GAUR, SHUBHA MEHTA
Arvind Singh Rathore – Appellant
Versus
Rajasthan Public Service Commission – Respondent
JUDGMENT
1. Registry is directed to connect these cases together. Learned counsel for the respondent Mr.MF Beg intends to file additional affidavit and copy of the same will be supplied to learned counsel for the appellants.
2. Learned counsel for the appellants Dr.Abhinav Sharma submits that after the order dated 25 th May, 2022, was passed by learned Single Judge, the respondents are proceeding ahead in finalizing the recruitment process and they have also declared the result of interview.
3. Learned counsel for the appellants submitted that interim protection may be given by this Court.
4. Learned counsel for the appellants submitted that process of recruitment, which is being finalized by the respondents, may be stayed by this Court.
5. Learned counsel further submitted that if no interim order would be passed by this Court, the appellants would suffer irreparable loss.
6. Learned Advocate General Mr.MS Singhvi submitted that learned Single Judge has given its findings on the basis of law, declared by the Apex Court, wherein scaling has been permitted in recruitment process, if there is variations of marks in different optional subjects.
7. Learned Advocate General further submitted t
The court's decision balanced the need to proceed with the recruitment process with the appellants' request for interim protection, ultimately allowing the recruitment to continue but subject to the ....
The Court emphasized the importance of expediting administrative proceedings and maintaining interim protection during the decision-making process of recruitment disputes.
The court's decision was based on the consideration that halting the recruitment process would not be proper and that the further process would be subject to the outcome of the petitions.
Contractual employees granted interim protection against termination and fresh recruitment without preference, mirroring High Court order for similarly placed, pending final adjudication.
The court ruled that a fair evaluation in recruitment interviews is essential, asserting that absurd scoring practices cannot stand, and substantial justice prevails over technicalities of delay.
Recruitment processes must adhere to rules in effect at initiation; any changes during the process violate natural justice and fairness principles.
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