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2023 Supreme(Raj) 582

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL, J.
Ashutosh Jangid S/o Shri Uttam Kumar Jangid – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 19364 of 2022
Decided on : 13-07-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Raghu Nandan Sharma, Mr. Abhinav Srivastava, Mr. Ram Pratap Saini, Mr. Aamir Khan, Mr. Harshad Kapoor, Mr. Sudhir Yadav
For the Respondent: Mr. C.L. Saini, AAG Mr. Nalin G. Narain, Mr. Vigyan Shah, Mr. Sandeep Tajena with Mr. Kartikeya Sharma

Headnote:

Constitution of India, 1950 - Article 226 - Challenged normalization procedure - Recruitment process for appointment - Writ petitions - Rajasthan Eligibility Examination for Teachers - Held, It is suffice to observe that formula of normalization has been adopted by Board to bring all candidates on equal level playing field, that too in conformity to clause 7.10 of advertisement, since examination of REET - 2022 Level II was undisputedly conducted in three different shifts, wherein lakhs number of candidates participated - It has been contended on behalf of respondent that by application of normalization, raw marks of any of candidate have not been reduced and formula has been applied uniformly, none of candidate has been individually affected adversely or has been discriminated - There is no allegations of malafides or arbitrariness in applying normalization formula - It is not in dispute that normalization formula has been applied uniformly - Writ petitions dismissed.

JUDGMENT :

1. It has been stated that the State Government of Rajasthan has appointed the Board of Secondary Education, Ajmer as a nodal agency to conduct the Rajasthan Eligibility Examination for Teachers (REET) for Level I and Level II, which is only an eligibility test of candidates, in order to participate in the recruitment process for appointment on the post of Teacher Grade III, Level I-Primary School (Class-I to VI) and Level II-Upper Primary School (Class-VI to VIII). The Board of Secondary Education, Ajmer through its coordinator (hereinafter referred as “the Board”) issued advertisement No.01/2022 dated 12.04.2022 to conduct the test of REET-2022, scheduled on 23.07.2022 and 24.07.2022. The test of REET-2022 for Level I was conducted in one shift only i.e. morning shift on 23.07.2022 and test for REET Level II came to be conducted in three shifts i.e. in evening shift on 23.07.2022, in morning and evening shifts on 24.07.2022.

2. It has been stated that all petitioners in the present batch of writ petitions, appeared to qualify the test of REET-2022 for Level II in different shifts. Question paper for REET-2022 of Level II examination was comprising 150 questions of objective type with multiple choice answers carrying one mark for each question, for total 150 questions. A candidate of General category is required to secure minimum 60% marks and candidate of reserve category is required minimum 55% marks in order to declare pass in REET Examination and to issue the REET certificate by the Board. The Board declared provisional answer key on its website on 18.08.2022 and then invited objections in respect of answers to 150 questions suggested by the Board in the provisional answer key, till 25.08.2022. Thereafter, the Board issued final answer key as also the result of REET -2022 Level II on 29.09.2022.

3. It is not in dispute that any of the petitioner could not secure minimum qualifying marks in the REET-2022, Level II examination of which result came to be declared on 29.09.2022, hence, REET certificate has not been issued by the Board in favour of any of petitioners. Thereafter, petitioners have filed writ petitions, to question the correctness of final answer key dated 29.09.2022 in respect of objectionable questions as referred in writ petitions and have sought to revise the result dated 29.09.2022 in respect of REET-2022 Level II.

Since grievance of writ petitioners are similar and relief prayed for is common in nature and in these petitions, petitioners are assailing the different questions, out of REET Examination-2022 Level II, in respect of correctness of answers, for deletion of questions due to declaring two correct answers and to claim bonus marks as also on the ground that few questions are out of syllabus, therefore, with consent of counsel for both parties, all writ petitions were tagged together in order to hear and decide all petitions simultaneously. Counsel for both parties have been heard together at length and this common judgment would decide all writ petitions.

4. In SBCWP No.17259/2022 (Khem Chand Chauhan Vs. The State of Rajasthan), petitioner has also challenged the normalization procedure adopted by the Board to equalize candidates appeared in three different shift for the same examination of REET-2022, apart from assailing final answer key in respect of two questions but the prayer to revise the final result dated 29.09.2022 is same like other writ petitioners.

5. Counsel for both parties are consensus that only, total 13 questions out of question papers of three shifts of Teacher Grade III Level II are objectionable in the present batch of writ petitions which have been identified from the shift-wise question papers as under:

    (i) From question paper of shift 2, questions No.15, 17, 24, 29, 30, 70 and 96.

(ii) From question paper of shift 3, questions No.18 and 107.

(iii) From question paper of

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