IMPORTANT POINT
The impugned actions of the respondent-RPSC were found to be arbitrary and without valid authority in law, leading to the imposition of a cost on the respondent-RPSC in accordance with the provisions of the Act of 2016.

ORDER :

1. The instant petition is filed with the following prayers:-

“(i) The respondents may be directed to declare the humble petitioner qualified in the Pre Examination and allow the petitioner to participate in the RAS Main Examination-2021;

(ii) Or in alternate the respondents may directed to conduct separate preliminary examination of the humble petitioner.

(iii) A direction may also be issued to the State Government and All the Examining Authorities for smoothly allowing the blind person for participating in any examination and appropriate instructions in this regard may be ordered to be circulated in accordance with the provisions of the Right of Persons with Disabilities Act, 2016 and the Rules framed there under and the guidelines/instructions issued from time to time.

(iv) That even for harassment and mental agony that has been sustained by the humble petitioner respondent RPSC may be directed to provide compensation of Rs. 5 Lacs.

(v) Any other appropriate order, which may be found just and proper in the facts and circumstances of he case, be passed in favour of the petitioner.”

2. The factual stipulations, giving rise to the cause and controversy, as spelled out in the instant petition, are briefly noted herein-under:-

2.1. That the respondent-RPSC issued an advertisement dated 20.07.2021 for recruitment in the Rajasthan State and Subordinate Services.

2.2. That the petitioner, possessing the requisite eligibility qualifications, applied for the examination. In this regard, it is noted that the petitioner belongs to the Physically Challenged (Blind) Category with 100% Blindness.

2.3. That subsequently, the petitioner was issued an admit card by the respondent-RPSC for participation in the Preliminary Examination, scheduled to be conducted on 27.10.2021 from 10:00 AM to 01:00 PM in Alwar.

2.4 That meanwhile, the respondent-RPSC issued guidelines/instructions regarding the procuring of and/or arranging a scribe.

2.5. That on 27.10.2021, when the petitioner reached the examination centre, he was not permitted to appear in the examination.

2.6. That the reasons provided by the respondent-RPSC in order to preclude the petitioner’s participation in the concerned examination were threefold, namely:-

(i) That the petitioner did not intimate the respondent-RPSC, two days in advance, regarding the details of his scribe, for carrying out necessary procedural formalities.

(ii) That the petitioner did not carry along with him his medical certificate showcasing his disability, at the examination centre.

(iii) That the petitioner reached the examination centre at 9:45AM along with his scribe, leaving very little time i.e. 15 minutes, for the respondent-RPSC to conduct necessary inquiry etc, before the scheduled time for the examination i.e. 10:00AM.

2.7 That resultantly, on account of being denied permission to participate in the examination, the petitioner was compelled to leave the examination centre.

2.8 That thereafter, being aggrieved of the impugned actions of the respondent-RPSC, the petitioner preferred a representation before the Secretary, RPSC encapsulating his grievance(s). However, no heed was paid to the same.

2.9. That as a result of said non-consideration of the representation as well as the impugned actions of the respondent-RPSC, the petitioner has approached this Court by way of the instant petition.

3. In light of the foregoing factual narration, the petitioner while arguing in-person, submitted that the impugned actions of the respondent-RPSC were not only illegal and contrary to the settled position of law and the rules/guidelines framed in connection therewith, but also against the tenets of societal morality. In this regard, the petitioner argued that the instructions provided by the respondent-RPSC, prior to the scheduled examination, only imposed upon the candidates the requirement to intimate the respondent-RPSC qua the subscription of a scribe two days in advance, in an eventuality, where the scribe was to be arranged