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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sudesh Bansal, J.
Rajesh Jhala Son Of Shri Jagdish Prasad Jhala - Petitioner
Versus
The State Of Rajasthan, Through Its Principal Secretary, Department Of Reforms and ors. – Respondent
S.B. Civil Writ Petition No. 4444 OF 2022
Decided On : 13-04-2023
STENOGRAPHY EXAM - DISQUALIFICATION - LONghand WRITING - Rajasthan Staff Selection Board (hereinafter referred as “Board”) - Advertisement No.13/2018 dated 04.07.2018 - Phase II examination - Stenography either Hindi or in English - Instructions and guidelines - Audio clip of ten minutes - Sign script (steno) in the shorthand book - Transcription/typed passage, from other than sign script (steno) shall not be checked for giving marks - Petitioner disqualified - Held, petitioner cannot claim to evaluate his Hindi transcription for awarding of marks in shorthand test as of right.
Fact of the Case:
Petitioner appeared in phase II examination of Stenographer Joint Direct Recruitment Examination 2018 for appointment on the post of Stenographer. Petitioner opted stenography language of Hindi. Petitioner wrote the audio clip in the shorthand book in longhand and not in sign script (shorthand). Petitioner was disqualified in shorthand test and due to such reason & consequent thereupon the transcription of petitioner typed in Hindi has not been checked/evaluated for the purpose of giving marks in examination for phase II.
Finding of the Court:
The Board has not specified any particular sign script for stenography language and it is a skill of language to write the words in codes but the stenography is certainly not the language of longhand. Petitioner himself has no where denied in his pleadings that he did not use longhand while writing the audio clip nor has clarified as to in which type of code language of Hindi stenography, he write the audio clip in his response sheet/shorthand book. On the shorthand book of petitioner, the examiner has put a remark in red ink that all five pages are totally longhand written such red remark in fully visible & readable which cannot be disbelived. Petitioner has not levelled any allegations of malafide against the Board or subject experts. According to general instructions for shorthand test as notified in advance, candidature of candidate is required to be failed and transcription typed by him shall not be checked in case the candidate will not write the audio clip in the sign script (steno) in his shorthand book. Since the shorthand book (response sheet) of petitioner has been found to be written in longhand, other than sign script (steno), therefore, the Hindi transcription typed by petitioner has rightly not been checked and petitioner has been declared disqualified in the shorthand test.
Issues: Whether the petitioner is entitled to evaluate his Hindi transcription for awarding of marks in shorthand test as of right?
Ratio Decidendi: The petitioner cannot claim to evaluate his Hindi transcription for awarding of marks in shorthand test as of right. There is no violation of any legal or constitutional right of petitioner nor there is any infringement of Article 14 and 16 of the Constitution of India in the present case.
Final Decision: Writ petition is dismissed.
JUDGMENT :
1. Heard counsel for both parties and perused the record as also the shorthand book along with transcription, produced by the Rajasthan Staff Selection Board (hereinafter referred as “Board”), in pursuance of order passed by this Court on 21.03.2023 wherein petitioner wrote the audio clip in sign script (steno) in Hindi language, while appearing in phase II examination of Stenographer Joint Direct Recruitment Examination 2018 for appointment on the post of Stenographer.
2. It is a case where petitioner participated in the Direct
Recruitment of Stenographer, pursuant to advertisement No.13/2018 dated 04.07.2018 issued by the Board. The Board, for the purpose of appointment to the post of Stenographer in various departments against vacancies advertised, conducted examination in two phases, phase I examination is written test, comprising two papers of General Knowledge and General Hindi & English, carrying 100 marks of each paper respectively, phase II examination pertains to skill test of stenography either Hindi or in English, carrying 100 marks. Final merit list was required to be prepared on the conjoint marks, obtained by candidates in examination of phase I and phase II. In the present writ petition, the dispute has arisen in respect of examination of phase II of petitioner, conducted on 28.10.2021 wherein petitioner appeared and opted stenography language of Hindi.
3. It is not in dispute that instructions and guidelines in respect of phase II examination pertaining to Hindi/English shorthand test were appended with the advertisement itself and well known to the petitioner and such instructions have been placed on record by petitioner as Ann-7. As per the scheme of phase II examination, same was based on computer and audio clip of ten minutes was to be operated and which was required to be noted down by the candidate in language of stenography i.e. sing scrip either in Hindi or English as the case may be and as opted by candidate and then the noted sign script was required to be transcribed/typed on computer in the language opted by candidate within sixty minutes for English language and within 70 minutes for Hindi language. It is clearly instructed in guidelines that the audio clip, operated in the examination hall shall be required to be noted down by the candidates in sign script (steno) in the shorthand book, made available to the candidates and any transcription/typed passage, from other than sign script (steno) shall not be checked for giving marks. It is also clearly indicated in the instructions that it is essential for the candidate to appear in stenography test, failing which, he will considered failed. The relevant instructions as indicated in the advertisement are being extracted hereunder :-
fganh@vaxszth dh vksfM;ks fDyi 100 kCn izfr feuV dh LihM ls pyk;h tk;sxhA
vH;FkhZ viuh pquh gqbZ Hkk"kk dh vkWfM;ks fDyi lqudj mldk Jqfrys[ku djsxkA
eq[; Jqrys[k ls iwoZ Vªk;y x|ka'k¼iSlst½ dk Jqrys[k vkWfM;ks flLVe ds ek/;e ls mlh xfr ls pyk;k tk;sxk tks xfr eq[;k Jqrys[k ds fy, fu/kkZfjr gSA
Vªk;y x|ka'k ¼iSlsat½ ds i'pkr eq[; Jqrys[k vkWfM;ks flLVe ls pyk;k tk,xk ftldks ijh{kk LFky ij miyC/k djkbZ xfr uksVcqd es ladsr fyfi es fy[kuk gksxkA
vH;FkhZ dks vk'kqfyfi ijh{k.k dh ijh{kk nsuk vfuok;Z gS vU;Fkk og vuqrhZ.k ekuk tk,xkA
ladsr fyfi ds vfrfjDr vU; Hkk"kk@fyfi es fy[ks x, Jqrys[k dks ugh tkapk tk,xkA uksVcqd es vH;FkhZ dks jky uacj] gLrk{kj ,oa okfaNr izfof"V;kW fu/kkZfjr LFkku ij djuh gksxhA Jqrys[k fy[kus gsrq uksVcqd ijh{kk LFky ij miyC/k djkbZ tk;sxh ftls vH;FkhZ dks ijh{kk ds mijkar vfHktkxj dks okfil tek djkuk gksxkA vfHk;kFkhZ Jqrys[k gsrq isafly ,oa jcj vius lkFk ysdj mifLFkr gksOksA^^
4. The case of the petitioner is that he qualified written test of phase I and on issuance of admit card to appear in phase II examination of Hindi stenography, he appeared on scheduled date i.e. 29.10.2021 in shorthand test. Petitioner jotted down the audio clip in
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