JUDGMENT :

SUDESH BANSAL, J.

1. In this bunch of writ petitions, challenge has been made to the method of normalization adopted by the Rajasthan Subordinate and Ministerial Staff Selection Board, Jaipur (hereinafter referred to as “the Board”) in order to equalize the difficulty level of different question papers in multi-sessioned examination conducted for the selection on the post of Patwari in pursuance to the Patwari Direct Recruitment Examination-2021, initiated vide Advertisement No. 3/2019 dated 17.1.2020 under the Rajasthan Revenue (Land Records, Settlement and Colonization) Subordinate Service Rules, 2019 (hereinafter referred to as “the Rules of 2019”).

2. Factual matrix of the matter is that it is not in dispute that due to huge number of candidates in the examination of Patwari, same was conducted in four shifts i.e. on 23.10.2021 (morning-evening) and on 24.10.2021 (morning-evening). The syllabus and subjects in all four shifts were similar but question paper of each shift was different. Initially, 4421 vacancies were advertised vide notification dated 17.01.2020 and thereafter few more were added and total as many as 5610 vacancies for Patwari, to be recruited in Revenue, Colonization and Settlement departments, were advertised and as per data available on record, total 15,62,995 candidates, out of which 5,02,307 female candidates participated in this direct recruitment examination. Since on 24.10.2021, there was a religious festival of ‘Karva Chouth’ therefore, maximum number of female candidates opted and accommodated to appear in examination in two shifts on 23.10.2021. Since the examination was got performed in four shifts with different question papers of multiple type objective questions, the Board decided to apply the method of normalization to prepare the result and order dated 13.12.2021 to this effect was published. A Committee of experts came to be constituted and as per the opinion of the Expert Committee, a well known and mostly prior used formula of V. Natarajan and K. Gunasekaran has been applied to normalize the marks and after scaling the marks according to the formula as suggested by the Expert Committee, the provisional result has been prepared and published on 25.01.2022.

3. After declaration of result on 25.01.2022, candidates who appeared in the examination in fourth shift, which was conducted in evening of 24.10.2021, have challenged the result dated 25.01.2022 as well as ex-post facto, application of the process of normalization to prepare the result. This Court has been informed that all writ petitioners, in the present bunch of writ petitions are only among those candidates who appeared in the recruitment process of Patwari Examination-2021 in the last and fourth shift of evening on 24.10.2021.

4. Challenge has been made on behalf of petitioners mainly on the following points:

(I) In the result dated 25.01.2022, declared after applying the process of normalization, variance about 21% has occurred between the ratio of selected candidates, appeared in first batch in morning shift on 23.10.2021 then the candidates appeared in fourth batch in evening shift on 24.10.2021, therefore, the normalization has led to hostile discrimination with candidates appeared in batch No. 4.

(II) Normalization is not provided in the rules of 2019 and the same was not notified by the Board in the initial advertisement dated 17.01.2020, therefore application of the method of normalization, after conducting the examination, is arbitrary, illegal and unwarranted.

(III) Final result should have been prepared on the basis of actual and raw marks obtained by the candidates in written examination, as per Rule 28 of Rule 2019, without scaling the marks.

(IV) In the present examination, undisputedly subject and syllabus is similar for all candidates and there is no question of arising any subject variability, therefore appli