IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI, JJ.
The Rajasthan Public Service Commission – Appellant
Versus
Vishnu Datt Saini S/o Govind Narayan – Respondent
D.B. Special Appeal (Writ) Nos. 529, 530, 531 of 2022, D.B. Civil Special Appeal (Writ) Nos. 535, 568, 649, 668, 914 of 2022, S.B. Civil Writ Petition Nos. 1429, 3256, 3257, 5895, 14328, 14577 of 2020, S.B. Civil Writ Petition No. 161 of 2021
Decided On : 19-05-2023
Constitution of India, 1949 - Articles 14, 16, 315 - Rajasthan Animal Husbandry Service Rules, 1963 - Rule 19 - Rajasthan Engineering Subordinate Service (Irrigation Branch) Rules, 1967 - Section 19 - Equality before Law - Equality of Opportunity for all Citizens - Intra court appeals are filed challenging orders passed by learned Single Judge in different writ petitions action of appellant-Rajasthan Public Service Commission calling qualified candidates for interview in connection with different recruitments without adding weightage marks towards academic performance has been held to be illegal - Held, Court unable to uphold conclusion drawn by learned Single Judge that procedure adopted by Public Service Commission in calling candidates for interview without adding weightage marks of academics was contrary to terms of advertisement - Orders unsustainable conclusion arrived applicable in other appeals except arising out of orders passed in writ petitions involving challenge to recruitment to posts of Veterinary Officer Agricultural Officer and Assistant Fisheries Development Officer because all those cases are based common ground provision contained in respective recruitment rules identical terms conditions recitals advertisements though for different category of posts - Special Appeal are allowed.
JUDGMENT :
MANINDRA MOHAN SHRIVASTAVA, J.
1. These intra court appeals are filed challenging orders dated 08.03.2022 passed by the learned Single Judge in different writ petitions, whereby, the action of the appellant-Rajasthan Public Service Commission (for short ‘the appellant-Public Service Commission’) insofar as calling the qualified candidates for interview in connection with different recruitments without adding weightage marks towards academic performance, has been held to be illegal. Consequently, respective results declared by the appellants have been quashed with a further direction to the appellant-Public Service Commission to first add the marks of screening test/objective type test and of academics and thereafter declare the revised results and then proceed to hold interview. The orders passed by the learned Single Judge further show that though other issues were also raised, but those issues have been kept open.
At the outset, it is pertinent to mention that all these appeals, except D.B. Civil Special Appeal (Writ) No. 914/2022, arise out of orders passed in writ petitions challenging recruitment to the posts of Veterinary Officer, Assistant Agricultural Research Officer (Agriculture Chemistry), Assistant Agriculture Research Officer (Agriculture Chemistry), Botany, Assistant Agricultural Officer and Assistant Fisheries Development Officer, because all those cases are based on the common ground and pari materia provisions contained in respective recruitment rules, identical terms, conditions and recitals in the advertisements though for different category of posts. Further, D.B. Civil Special Appeal (Writ) No. 914/2022 has been filed by the appellants who were writ petitioners in S.B. Civil Writ Petition No. 14328/2020 with the prayer that the order of the learned Single Judge to the extent of not deciding the prayer no. (ii)(a), (ii)(b), (ii)(c), (ii)(d) and (ii)(f) in the aforesaid writ petition be quashed and set aside and the appeal be allowed in terms of all the prayers made in the writ petition. Therefore, all the appeals were heard together and are being decided by this common judgment. However, for convenience, facts mentioned in D.B. Civil Special Appeal (Writ) No. 568/2022 which arises out of S.B. Civil Writ Petition No. 14328/2020 are being taken as the lead case.
2. The appellant-Public Service Commission issued an advertisement on 22.10.2019 inviting applications for appointment to the posts of Veterinary Officer. The respondents-writ petitioners and other candidates applied for the posts. After holding an objective type test based on multiple choice, the Public Service Commission prepared and declared the result on 26.11.2020 wherein 1878 candidates were declared shortlisted for the purpose of interview. As the roll numbers of the respondents-writ petitioners did not find place in the result declared for the purpose of calling the candidates for interview, writ petitions were filed. Challenge was made to the process of selection and preparation of list of successful candidates for the purpose of calling them for interview on various grounds. According to the respondents-writ petitioners, the result was declared without issuing final answer key upon consideration of the objections to the model answer key, without issuing cut off marks for respective category, without revealing zone of consideration for the purpose of shortlisting and also without disclosing criteria of giving weightage marks for the academics. One of the main grounds to attack the process of selection and shortlisting was that the list of successful candidates for the purpose of calling them for interview was prepared without adding the weightage marks of academics to the marks secured by the candidates including the respondents-writ petitioners in the screening test/objective type test which according to the respondentswrit petiti
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Amended Rules of 1962 mandate that interview marks in public examinations cannot exceed 10% of total marks to ensure fair and transparent selection processes, reaffirming principles of constitutional....
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The court clarified that subject-wise qualifying marks cannot be enforced post-examination as it contradicts the established selection rules, emphasizing the necessity for procedural clarity and comp....
The Commission cannot prescribe additional requirements for selection beyond the Rules.
(1) Constitutionality of Rules stipulating minimum qualifying marks in viva voce test as a part of selection criteria for appointment to District Judiciary in the States of Bihar and Gujarat respecti....
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