Amended Rules of 1962 mandate that interview marks in public examinations cannot exceed 10% of total marks to ensure fair and transparent selection processes, reaffirming principles of constitutional meritocracy.

Judgment : SAMEER JAIN, J.

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

“(i) declaring the impugned condition referred in the advertisement dated 27.11.2021 under clause “Selection Procedure” under the head of “Other Details” as illegal and unconstitutional and the same may kindly be struck down as constitutionally invalid;

(ii) directing the respondents to adhere to the notification dated 23.05.2022 issued by the Department of Personnel, Government of Rajasthan pursuant to the selection process on the post of Assistant Professor in furtherance of advertisement dated 27.11.2021 and the selection process for the of Assistant Professor (Skin & VD) in pursuance to advertisement dated 27.11.2021 be finalized based on the selection criteria provided for in the notification dated 23.05.2022 and if the petitioner is found eligible and meritorious she may be given appointment on the post of Assistant Professor (Skin & VD)

with all consequential benefits;”

FACTUAL NARRATIVE

2. The respondents issued an advertisement dated 27.11.2021 inviting applications for the post of Assistant Professors in the faculty of Skin and V.D.; governed by the Department of Medical Education under the Rajasthan Medical Service (Collegiate Branch) Rules, 1962 (herein after referred to as “the Rules of 1962”). The written examination qua the said advertisement was scheduled on 06.05.2022 wherein the petitioner (upon having requisite qualifications) appeared and the answer key qua the same was issued on 10.06.2022.

3. Vide an erstwhile batch of writ petitions (SB Civil Writ Petition No.1777/2022 titled as Hariom Meena & Ors. Vs. State of Rajasthan & Anr.; SB Civil Writ Petition No.4027/2022 titled as Dr. Rajveer Singh & Ors. Vs. State of Rajasthan & Ors. & SB Civil Writ Petition No.5035/2022 titled as Dr. Rajmal Meena Vs. State of Rajasthan & Ors.) the improper computation of the back-log vacancies for SC/ST category candidates in pursuance with the advertisement dated 27.11.2021, for the post of Assistant Professors was assailed (Annexure-1). In the said batch of petitions the Court vide order dated 04.05.2022 directed the respondent-Rajasthan Public Selection Commission (hereinafter referred to as “RPSC”) to not declare the result qua the said recruitment examination. Resultantly, no substantial progress was made by the respondents in furtherance to the advertisement dated 27.11.2021. Nevertheless, the said petitions were decided considering the mutual consensus drawn amongst the parties.

4. Upon acknowledging the said interim protection dated 04.05.2022, the petitioner herein moved an application for impleading her in array of the respondent parties. Vide order dated 20.05.2024 (Annexure-3) the said application of the petitioner was allowed and she was impleaded as a respondent-party. However, the said petition was decided vide order dated 24.05.2024 (Annexure-4).

5. It is pertinent to note that the petitioner moved an application to apprise the Court with the terms and conditions of notification dated 23.05.2022, issued by the Department of Personnel, Government of Rajasthan; whereby it was notified that in order to ensure the selection of meritorious candidates and to make the selection process fair and transparent, the interview marks were fixed to maximum of 10% of the total marks (Annexure