A candidate cannot challenge examination results based on non-provision of materials after participating and failing, as timely objections are required.

Order :

1. The petitioner is before this Court, inter alia, challenging the result dated 04.03.2021 (Annex.7) and the Press Note dated 09.09.2021 (Annex.11) regarding conducting of the interview for the post of Assistant Engineer (Mechanical) pursuant to the advertisement dated 05.04.2018 (Annex.2). The petitioner seeks issuance of a fresh final result, either by providing the bonus marks or by deleting questions No. 33 and 36.

2. The facts, necessary for the purpose of disposal of the petition, as pleaded in the petition, are as follows:-

2.1. The petitioner possesses the qualifications of B.Tech. and M.Tech. in the subject of Mechanical Engineering from a recognized institute.

2.2. The respondent, Rajasthan Public Service Commission (RPSC), issued an advertisement for the post of Assistant Engineer in the respondent department for various subjects, including Assistant Engineer (Mechanical).

2.3. Pursuant to the aforesaid advertisement, the petitioner applied for the post of Assistant Engineer (Mechanical). Subsequently, the respondents issued an admit card to the petitioner for appearing in the Combined Competitive (Preliminary) Examination, 2018, scheduled to be held from 16.12.2018 to 18.12.2018.

2.4. On the scheduled dates, the petitioner appeared in the Preliminary Examination for the post in question. Upon being declared successful in the examination vide result dated 18.07.2019, the petitioner was called to appear in the Mains Examination.

2.5. The respondent RPSC also issued an online mark sheet for the candidates, and the petitioner secured 234.91 marks in his respective category of Backward Class. Upon qualifying for the Preliminary Examination, the respondent RPSC issued an admit card to the petitioner for the Mains Examination.

2.6. The petitioner appeared in the Mains Examination, scheduled to be held from 03.12.2019 to 05.12.2019.

2.7. In the Mains Examination, the petitioner could not attempt question No. 33 due to the unavailability of a steam table and question No. 36 due to the unavailability of a psychometric chart.

2.8. On 04.03.2021, the respondents issued the combined result and cut-off marks for the post of Assistant Engineer (Mechanical/Electrical). For the subject of Electrical, a separate question paper was provided.

2.9. The respondents declared the cut-off marks for the post of Assistant Engineer (Mechanical/Electrical) as 228.75. However, the petitioner’s roll number was not included in the result.

2.10. Upon issuing the marks sheet for candidates who appeared in the Mains Examination, it was stated that the petitioner secured a total of 287.00 marks and, therefore, was not called for an interview.

2.11. The petitioner was deprived of the opportunity to appear in the interview process by a very narrow margin of marks. The stated reason for this was the unavailability of the requisite table and chart during the Mains Examination.

2.12. The petitioner compiled the question paper, earlier relevant question papers, and proofs from authentic books, which demonstrated that solving question No. 33 required a steam table, and solving question No. 36 required a psychometric chart. It was also noted that in similar questions in other competitive examinations, such as the Indian Engineering Services, the requisite psychometric chart was provided to candidates along with the question paper.

2.13. On 15.04.2021, the petitioner raised his grievances and objections before the respondent RPSC and requested rectification of the error regarding these questions and permission to proceed in the further selection process.

2.14. The respondent RPSC did not consider the petitioner’s grievances and objections. Instead, they replied via email on 21.06.2021, stating that the request was under process with the pre-litigation committee.

2.15. On 09.09.2021, the respondents issued a press note announcing the schedule for interviews for the post of Assistant Engineer in all subjects. The interviews were scheduled from 01.10.2021 to 16.11.2021,