IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Kuldeep Singh Meena Son Of Shri Ramchandra Meena – Petitioner
Versus
State of Rajasthan, Through The Principal Secretary To The Govt., Department of Personnel and ors. – Respondents
S.B. Civil Writ Petition No. 3108 of 2021
Decided On : 28-08-2023
Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999 - Rule 18 - Constitution of India, 1950 - Article 226 - Re-fix/re-assign seniority - Grant consequential benefits - Respondent be directed at least to award marks to petitioner at par with other candidates qua 24 questions specified in memo of petition as awarded to others for same/similar answer and consequently merit position of petitioner be directed to be revised accordingly – Held, Submission of learned counsel for respondent RPSC that petition has been filed belatedly and subsequent examinations have also been conducted, Court finds that petitioner, before approaching this Court, filed representations continuously before authority and then he also served a notice for demand of justice and petitioner, after getting information under Right to Information Act, approached this Court - Moreover, no such plea has been taken in reply filed by State and RPSC - Court does not accept submission of learned counsel for respondent that since selections have subsequently been conducted, as such, no relief can be granted to petitioner - Since experts have applied their mind and this Court cannot assume role of an expert in academic matter, Court makes it clear that no opinion is expressed in respect of award of marks to petitioner and only glaring mistake, which has come on record, needs to be re-examined by subject experts - Writ petition allowed.
ORDER :
1. The instant petition has been filed by the petitioner with the following prayers :
(ii) It is also prayed that consequent upon the revision of the position/Rank as per above prayer the respondents be directed to give appointment to the present petitioner as against RAS proper (Appointment as RAS) with all consequential benefits from the date the respondents given the appointments to others i.e. 11.09.2017.
(iii) The respondent RPSC be further directed to re-fix/re-assign the seniority of the petitioner in the RAS-2013/2018 proper and grant him all the consequential benefits follow therefrom after proper assignment of the seniority in RAS 2013/2018 at appropriate place including the seniority and financial benefits and re-fixation.
(iv) The services of the petitioner as rendered by him in RACS cadre may also be added in the service tenure of the petitioner as per rules alongwith all the consequential benefits follow therefrom.
(v) Or any other appropriate order or direction, which this Hon'ble Court, may deem just and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner.”
2. The facts in nut-shell, as pleaded in the writ petition, are that an advertisement dated 16th June, 2013 was issued by the Rajasthan Public Service Commission (for short “RPSC”) for selection and appointment in Rajasthan Administrative Service and Allied Services.
3. The petitioner, being eligible to apply for the aforesaid services, appeared in the preliminary examination conducted on 26th October, 2013.
4. The petitioner has pleaded that the preliminary examination of the aforesaid services came to be cancelled on 10th July, 2014 and again a Notification was issued for conducting the preliminary examination.
5. The petitioner has pleaded that after initial postponement of preliminary examination, the same came to be conducted on 31st October, 2015.
6. The petitioner has pleaded that result of the preliminary examination was declared on 29th November, 2015 and he was amongst the successful candidates.
7. The petitioner has pleaded that the respondent RPSC issued Notification dated 29th March, 2016 for conducting main examination and the same was to be conducted from 09th April, 2016 to 12th April, 2016.
8. The petitioner has pleaded that in the result of main examination, declared on 15th June, 2016, his name was figured out amongst the successful candidates.
9. The petitioner has pleaded that after main examination, the respondent RPSC rescheduled the dates of interview and as such, after appearing in the interview, the final result of the aforesaid examination was declared on 10th December, 2016 and the petitioner was selected for allied services i.e. Rajasthan Accounts Service.
10. The petitioner has pleaded that the respondent RPSC subsequently issued final select list and the objections, which were raised by certain candidates about totalling of their marks, were carried out and a Press Note was issued.
11. The petitioner has pleaded that the petitioner came across the Press Note for the purpose of taking answer books from the portal of RPSC, which was made available to the different candidates and as such, the petitioner obtained his own answer books as well as of certain other candidates.
12. The petitioner has pleaded that on perusing the answer books of the other candidates and after considering the relevant books in respect of the answers given by the petitioner, it became apparent that arbitrary and unreasonable assessment/evaluation was made by the evaluators of the examinati
Supreme Court did not give a blanket order for allowing any candidate to approach the Court for re-evaluation at any point of time and restricted relief to those candidates who had approached the Cou....
Judicial review in matters of academic evaluation is limited, and courts should defer to expert opinions unless there are specific provisions allowing for re-evaluation.
The finality of public examination results and the reluctance to interfere with expert decisions, as well as the absence of provisions for re-evaluation in the rules, precluded the petitioner's right....
Courts should defer to expert committees' evaluations in academic matters unless mala fides are alleged; presumption of correctness applies to expert answers.
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