IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
SUDESH BANSAL, J.
Kushal Bhardwaj, S/o. Narender Bhardwaj - Petitioner
Versus
The State Of Rajasthan, Through Its Secretary, Panchayati Raj Department, Government Secretariat, Rajasthan and Ors. – Respondents
S.B. Civil Writ Petition No. 11616 Of 2022
Decided On : 07-06-2023
Constitution of India,1950 - Segregating the total marks in total - Verification of documents and credentials - Recruitment comprises in two phases i.e. preliminary examination for shortlisting candidates to appear in the main examination and then after document verification, final merit list is required to be prepared according to marks scored by candidates in main examination - main examination held - In main examination the question paper was consisting of total 160 questions of objective type with multiple choice answers - Held, Remaining candidates including petitioners to fill unfilled posts after deletion of both questions, if any one comes within last cut off in their respective category, as per the last final selection list of Board, he/she shall be entitled for appointment - Deletion of both the questions Selection Board, as per directions of this Court, result of candidates who have already been selected and given appointment - Writ petitions stand disposed of
JUDGMENT :
By The Court:
1. In present writ petitions, petitioners have questioned the final answer key dated 29.07.2022 of main examination of Village Development Officer Direct Recruitment-2021 issued by the Rajasthan Staff Selection Board, in respect of answers of few questions, detailed out hereunder, and consequently have sought to revise the final result dated 29.07.2022 so also the selection list dated 25.11.2022, 26.12.2022 and 03.02.2023 in pursuance thereof. Since the issue involved in all writ petitions is identical in nature, therefore, with consent of counsel for both the parties, all writ petitions were tagged and have been heard together and would stand disposed of by this common order.
2.1 The relevant facts, as culled out from the record are that the Board notified 5396 vacancies of Village Development Officer vide advertisement No.04/2021 dated 06.09.2021 and amended advertisement dated 24.02.2022 to be filled by way of direct recruitment under the Rajasthan Panchayati Raj Rules, 1996.
2.2 The process of recruitment comprises in two phases i.e. preliminary examination for shortlisting candidates to appear in the main examination and then after document verification, final merit list is required to be prepared according to marks scored by candidates in the main examination.
2.3 Petitioners participated in the recruitment process and having cleared the preliminary examination, were shortlisted to appear in the main examination.
2.4 The main examination held on 09.07.2022. In the main examination the question paper was consisting of total 160 questions of objective type with multiple choice answers, for total weightage of 200 marks. Thus, after segregating the total marks in total questions, each question carry 1.25 marks. It was stipulation that 1/3rd mark is deducible for each question, if answered wrongly.
2.5 The Board published model answer key of the master question paper of main examination, on 13.7.22 for the purpose of evaluation of the performance of the candidates and invited online objections from candidates, if any, with respect to answers published in the model answer key with supporting material to his objection/suggestion to the questionable answer(s).
2.6 Thereafter, the Board issued provisional select list on 29.07.2022 wherein candidates in number of two time to the advertised vacancies were provisionally selected for the purpose of verification of documents and credentials, in order to prepare the final merit list.
2.7 It has been informed that after undertaking the process of document verification of candidates shortlisted in provisional selection list dated 29.07.2022, the Board has issued final selection list in peace-meal, on 25.11.2022 then on 26.12.2022 and thereafter on 03.02.2023. Counsel appearing on behalf of respondents-State authorities pointed out that out of notified 5396 vacancies, appointment to more than 5100 candidates have been given, however, near about 240 vacancies are still available.
2.8 It has been submitted that petitioners were shortlisted in the provisional select list dated 29.07.2022, however, have not been finally selected for appointment and most of petitioners are at marginal distance to the last cut off marks of last selected candidates in their respective category.
2.9 It has transpired from the record that few writ petitions came to be filed by petitioners after declaration of provisional selection list dated 29.07.2022 on the basis of final answer key dated 29.07.2022 and other writ petitions have been filed by petitioners after issuance of the final select lists.
2.10 It has been pointed out that out of total 160 questions in the main examination dated 09.07.2022, the Board changed answers of 3 questions in the final answer key and has delayed total of 8 questions in the final answer key, from answers suggested in the model answer key.
2.11 It may be noticed
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