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2024 Supreme(Raj) 249

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, RAJENDRA PRAKASH SONI, JJ.
Kamal Kumar, S/o. Sh. Atma Ram and Anr. – Petitioners
Versus
Rajasthan High Court, Jodhpur, Through Its Registrar General and Ors. – Respondents
D.B. Civil Writ Petition No. 15630 of 2021 with D.B. Civil Writ Petition No. 15637 of 2021, D.B. Civil Writ Petition No. 15638 of 2021, D.B. Civil Writ Petition No. 15640 of 2021, D.B. Civil Writ Petition No. 15641 of 2021, D.B. Civil Writ Petition No. 16239 of 2021, D.B. Civil Writ Petition No. 16534 of 2021, D.B. Civil Writ Petition No. 2422 of 2022, D.B. Civil Writ Petition No. 3958 of 2022, D.B. Civil Writ Petition No. 3964 of 2022, D.B. Civil Writ Petition No. 3978 of 2022, D.B. Civil Writ Petition No. 3998 of 2022
Decided On : 04-03-2024

Advocates Appeared:
For the Petitioners: Mr. B.S. Sandhu with Mr. S.K. Shreemali, Mr. Dishant Kiroriwal, Mr. Chirag Kalani, Mr. Muktesh Maheshwari with Mr. Yuvraj Singh Mertia, Mr. Suniel Purohit, Mr. Vivek Shrimali, Mr. Manish Rajpurohit for Mr. Rakesh Arora, Mr. Ankit Prakash Singh with Mr. Harshit Yadav, Mr. Pradeep Mathur, Mr. Narendra Singh Hada, Mr. Ramrakh Sharma.
For the Respondents: Mr. Manoj Bhandari, Sr. Adv. assisted by Mr. Aniket Tater and Ms. Sapna Vaishnav, Mr. A.K. Sharma, Sr. Adv. assisted by Mr. Vishnu Kant Sharma.

IMPORTANT POINT
The revision of results was justified and protected the rights of the meritorious candidates as provided under the Constitution of India. The court held that the respondents rectified technical errors in the evaluation software and revised the results after proper application of the prescribed formula for evaluation of the answer sheets of the candidates.

Headnote:

Revision of Results - Recruitment Process - [Shorthand Test and Computer Test for Stenographer Examination] - [Rajasthan District Courts Ministerial Establishment Rules, 1986, Article 14 & 16 of the Constitution of India] - The court dismissed the petitions challenging the revised results of the shorthand and computer tests for the Stenographer Examination. The court found that the respondents rectified technical errors in the evaluation software and revised the results after proper application of the prescribed formula for evaluation of the answer sheets of the candidates. The court held that the revision of results was justified and protected the rights of the meritorious candidates as provided under the Constitution of India. The court also observed that the prescribed formula for evaluation was uniformly applicable in the previous and subsequent recruitment processes, and therefore, the impugned action of the respondents was justified in law.

Fact of the Case:

The respondents issued a detailed advertisement inviting applications for direct recruitment on the post of Stenographer Grade-III (Hindi/English). The petitioners participated in the recruitment process and were provisionally qualified for the interview. Subsequently, the respondents declared results and final results, which were challenged by certain candidates. The respondents revised the results due to technical errors in the evaluation software and issued appointment orders to the selected candidates. The petitioners filed petitions before the court, claiming relief against the revised results and appointment orders.

Finding of the Court:

The court observed that the respondents rectified technical errors in the evaluation software and revised the results after proper application of the prescribed formula for evaluation of the answer sheets of the candidates. The court held that the revision of results was justified and protected the rights of the meritorious candidates as provided under the Constitution of India. The court also dismissed the petitions, finding that the petitioners filed the petitions on imaginary grounds based on conjectures and surmises.

Issues: The main issue was the challenge against the revised results and appointment orders issued by the respondents. The petitioners claimed relief against the revised results and appointment orders, alleging illegality and violation of their rights.

Ratio Decidendi: The court held that the respondents rectified technical errors in the evaluation software and revised the results after proper application of the prescribed formula for evaluation of the answer sheets of the candidates. The court also found that the prescribed formula for evaluation was uniformly applicable in the previous and subsequent recruitment processes, justifying the impugned action of the respondents. The court further dismissed the petitions, finding that the petitioners filed the petitions on imaginary grounds based on conjectures and surmises.

Final Decision: The court dismissed the petitions challenging the revised results and appointment orders issued by the respondents. The court held that the revision of results was justified and protected the rights of the meritorious candidates as provided under the Constitution of India. The court also found that the petitioners filed the petitions on imaginary grounds based on conjectures and surmises.

JUDGMENT :

(Pushpendra Singh Bhati, J.) :

1. Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts and the prayer clauses are being taken from the above-numbered D.B. Civil Writ Petition No.15641/2021, while treating the same as a lead case; thus, the rival submissions of the parties and the observations of the Court, in the present judgment, would also be based, particularly, on the factual matrix of the lead case.

1.1 The prayer clauses read as under:-

    “It is therefore, humbly prayed on behalf of the petitioners that this writ petition may kindly be allowed and

a) The impugned Notice dated 28.10.2021 (Annex.8) issued by the Registrar (Examination), Rajasthan High Court, Jodhpur declaring the revised result of Shorthand Test and Computer Test for Stenographer Examination may kindly be declared illegal and accordingly be set aside;

b) The Impugned Notice dated 30.10.2021 (Annex.9) issued by the Registrar (Examination), Rajasthan High Court, Jodhpur rescheduling the interview rounds for the newly selected candidates in the revised result of Shorthand Test and Computer Test for Stenographer Examination may kindly be declared illegal, without jurisdiction and accordingly be set aside;

c) The Respondents may kindly be directed to upheld the previous final result of recruitment to the posts of Stenographers Examination 2020 published on 31.07.2021 (Annex.6);

d) The Petitioners be given joining upon the posts of Stenographer Grade-III (Hindi & English) and Stenographer as per the final result of Stenographers Examination 2020 published on 31.07.2021;

e) Any other appropriate writ, order or direction which this Hon’ble Court considers just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioners;”

2. Brief facts of the case, as placed before this Court by learned counsel of the petitioners, are that the respondents issued a detailed advertisement dated 18.01.2020 inviting applications from the eligible candidates for direct recruitment on the post of Stenographer Grade-III (Hindi/English) under the establishment of the District Courts, Legal Services Authorities and Permanent Lok Adalats in the State.

2.1. The petitioners submitted the application form and participated in the recruitment process (Shorthand test and Computer test) which was held between 03.04.2021 to 08.04.2021; thereafter, the respondents declared the results on 30.06.2021, whereby the petitioners were declared provisionally qualified for the interview.

2.2. Subsequently, the respondents issued a notice dated 06.07.2021 wherein it was notified that the interview for the provisionally qualified candidates would be held between 28.07.2021 and 30.07.2021 in two slots and the candidates would be required to bring the requisite documents in original, as stipulated in the list appended to the said notice. Thereafter, the respondents declared the final results on 31.07.2021 and since the candidates selected were less in numbers, therefore, the earlier decided margin of error i.e. 5% was enhanced to 15%, meaning thereby, such errors were stipulated to be deducted from the total number of words.

2.3. Being aggrieved of the aforesaid results, certain candidates filed a representation before the respondents and also filed Writ petition before this Hon’ble Court i.e.D.B. Civil Writ Petition No. 11003/2021 & Other connected matters. A Division Bench of this Hon’ble Court vide order dated 25.10.2021 disposed of the said petition without going into the merits of the case, as the respondents were going to revise the results of the examination in question. Subsequently, the respondents vide the impugned order 28.10.2021 cancelled the provisional results dated 30.06.2021 and the final results dated 31.07.2

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