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1994 Supreme(Raj) 288

P.K.PALLI
Praveen Kumar Gupta – Appellant
Versus
Rajasthan Public Service Commission – Respondent


Advocates Appeared:
S.D. Vyas, for Petitioner J.P. Joshi, for Respondents

Honble PALLI, J. — The petitioner appeared in the Rajasthan Judicial Service Examination, 1992 and was declared unsuccessful. He received 118 marks, whereas 120 marks were required to clear the examination. The mark-sheet has been placed as Annex. 1 on the record.

(2) The petitioner, as averred by him in the petition, applied for revaluation of the answer-book and desired scrutiny, rechecking and re-totalling and the Rajasthan Public Service Commission (referred to hereinafter as the Commission) got the answer-book re-totalled and the petitioner is aggrieved that no scrutiny or rechecking was done and the action of the Commission in this respect was illegal and void. It is further stated that the Commission has to be guided by the provisions contained in the Rajasthan Judicial Service Rules, 1955 (hereinafter referred to as the Rules of 1955) while conducting the examination and by putting note in the mark-sheet the rules cannot be changed. Therefore, the Note 1 as it appeared in the mark-sheet is void and ultra vires of Rules 19A of the Rules of 1955 and the Commission could not ignore this note and should revalue the answer-book and the marks should be re-checked. It will be appro


















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