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2023 Supreme(Raj) 783

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sameer Jain, J.
Surjan Lal Dhawan S/o Prabhu Dayal Dhawan and ors. - Petitioners
Versus
State Of Rajasthan, Through Principal Secretary Education Department and ors. – Respondents
S.B. Civil Writ Petition No. 4777, 2323, 2795, 3944, 4115, 4234, 4299, 4585, 4971, 5020, 5132, 5779, 5820, 6024, 6312, 6322, 6586, 8369, 8375, 9358, 10634, 10644, 10671, 11533, 12158, 14513 of 2021, S.B. Civil Writ Petition No. 3995, 13572, 14510 of 2022
Decided On : 25-08-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.C. Dewanda, Mr. Himanshu Tholia, Mr. Hemraj Rodiya, Mr. Ram Pratap Saini with Mr. Aamir Khan, Ms. Shobha Sharma for Mr. Sunil Kumar Jain, Mr. Tribhuvan Narayan Singh, Ms. Harshita Sharma, Ms. James Bedi, Ms. Komal Kumar Giri
For the Respondent: Mr. M.S. Singhvi, AG with Mr. Sheetanshu Sharma Mr. Siddhant Jain & Mr. Darsh Pareek Mr. M.F. Baig, Mr. S.S. Raghav, AAG with Mr. Mananjay Singh Rathore

Headnote:

Constitution of India, 1950 - Article 226, 14,15 and 16 - Examination - Final answer key - Writ petitions were filed with contention that certain questions/objections were not examined by respondent – Held, Answer key should be assumed to be correct unless it is proved to be wrong, albeit same should not be held to be wrong by an inferential process of reasoning or by a process of rationalization - It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well-versed in particular subject would regard as correct - However, such was not case in facts and circumstances of present case, as demonstrated above - If it is a case of doubt, unquestionably answer-key must be preferred and only if it is beyond realm of doubt, possibility of judicial review must be entertained - Writ petitions are dismissed.

JUDGMENT :

1. In the present batch of writ petitions, the scope of the controversy involved, albeit not limited to but is broadly and predominantly defined by the challenge raised to the correctness and/or validity of the impugned revised answer keys for various subjects, as issued by the respondent-Rajasthan Public Service Commission, pursuant to the constitution of the subject-wise expert committees. Therefore, considering the fact that the writ petitions warrant adjudication of common questions of law, with the consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No. 4777/2021 titled as Surjan Lal Dhawan vs. State of Rajasthan, is being taken up as the lead case. It is cautiously clarified that any discrepancies in the present batch of writ petitions, pertain purely to the factual narratives contained therein and not viz-a-viz the questions of law to be determined by this Court.

FACTUAL NARRATIVE:

2. The ineluctable facts, necessary for discerning the issue at hand, are concisely noted herein-under:

2/1 That on 13.04.2018, the respondent-Rajasthan Public Service Commission (for brevity, RPSC or Commission) issued an advertisement for the post of School Lecturer-2018 for different subjects, whereby 5000 posts were advertised in toto.

2/2 That on 03.01.2020, the examination for G.K. (Paper- I) (Group-A) and Hindi was conducted by the respondent-RPSC. For the other subjects, the examination was conducted on several distinct dates, which are immaterial for adjudicating upon the legal issue at hand.

2/3 That on 12.03.2020, the model answer key for the subjects of G.K. (Group-A) and Hindi was issued.

2/4 That vide press note dated 12.03.2020, online objections were invited for G.K. (Group A) from 17.03.2020 to 19.03.2020. In the said note, it was made clear that all the objections must be submitted online and not through any other mode. Additionally, the press note also clarified that the respondent-RPSC shall entertain the objections on only one occasion i.e. the candidates, after being duly informed, were granted only one single opportunity to raise their objections qua the model answer key. Similarly, model answer keys were also issued for various other subjects as well, appended with an identical press note qua the mode and medium of raising objections, as mentioned herein-above.

2/5 That while raising the objections qua the model answer key online, the candidates were provided with seven distinct options, amongst which, they ought to select the one most suited to their grievance. The options provided were:

    (i) All options are wrong

(ii) More than one options are correct

(iii) Question is incorrect/vague (iv) Difference in Hindi and English version

(v) Out of syllabus

(vi) Question is not clear

(vii) Others.

2/6 That after duly taking note of the objections raised by the candidates, the subject experts on 26.06.2020, issued the provisional merit list. Thereafter, subsequent to the verification of the documents, the final list was issued on 22.12.2020.

2/7 That on 07.01.2021, the final answer key was issued by the respondent-RPSC. It is pertinent to note that simultaneously, the process as enunciated herein-above, was also carried out for various other subjects and thereafter, the final answer key for the other subjects was also issued by the Commission on respective dates.

2/8 That on 17.02.2021, this Court passed an order in S.B. CWP No. 638/2021 titled as Kamal Yadav vs. State of Rajasthan, whereby it was observed that the objections raised by the candidates/petitioners shall be considered by a Special Expert Committee, consisting of experts from various subjects, at the level of the respondent-RPSC.

2/9 That in pursuance to the order dated 17.02.2021, the respondent-RPSC constituted the Special Expert Committee-I to examine the objections raised by the candidates which were in existence up until 17.03.2021. By the said committee consisting of subject experts, 99 questions of different subjects were ex

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