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2023 Supreme(Raj) 278

DINESH MEHTA
Tila Ram Haradu, S/o. Shri Roopa Ram Haradu – Appellant
Versus
Rajasthan Subordinate and Ministerial Service Selection Board, Through Its Chairman – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ankit Bhaskar for Mr. Sukhdev Sharma.
For the Respondent: Mr. Vinit Sanadhya.

ORDER :

1. By way of present petition, the petitioners have challenged the action of the respondent-Rajasthan Staff Selection Board in prescribing minimum 40% marks in each paper to be a condition for recommending a candidate’s name for appointment.

2. Learned counsel for the petitioners argued that such condition was not mentioned in the advertisement dated 01.02.2022 pursuant to which the petitioners had applied. While asserting that such decision was taken and corrigendum was issued subsequently (on 30.06.2022), after the written examination has been conducted on 18.06.2022, he argued that the bar of securing at least 40 marks in each paper is illegal, as the respondents have applied a criterion which was not existing in the initial advertisement.

3. The petitioners having secured 82.13239, 94.4445 marks respectively have alternatively prayed that if their marks are calculated they have secured 40% marks and hence, they be declared successful.

4. It is to be noted that petitioner No.1 and 2 secured 60.6061 (Paper-I) and 21.5278 (Paper-II) and 66.6667 (Paper-I) and 27.7778 (Paper-II) out of 100, respectively. Neither of the petitioners have secured atleast 40 marks in Paper-II.

5. Hea

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