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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Special Appeal Writ No. 492/2023

Rajesh Jhala Son Of Shri Jagdish Prasad Jhala, Aged About 37

Years, Resident Of Bunkar Colony, Kuchaman City, District

Nagaur (Raj.) At Present Resident Of F 414, Rajkiya Awas,

Gandhi Nagar, Near P.w.d. Chowkey, Behind Neharu Garden,

Tonk Road, Jaipur (Raj.)

----Appellant

Versus

1.

The State Of Rajasthan, Through Its Principal Secretary,

Department Of Reforms, Govt. Of Rajasthan, Secretariat,

Jaipur (Raj.)

2.

The President, Rajasthan Subordinate And Ministerial

Service Selection Board, Jaipur, Rajya Krishi Prabandh

Sansthan Parisar, Durgapura, Jaipur (Raj.).

3.

The Secretary, Rajasthan Staff Selection Board, State

Institute Of Agriculture Management Premises, Tonk Rd,

Shreeji Nagar, Prithviraj Colony, Durgapura, Jaipur,

Rajasthan 302018.

----Respondents

For Appellant(s)

:

Mr. Raghu Nandan Sharma

HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA

Judgment

02/06/2023

1.

This Special Appeal has been preferred challenging the order

dated 13.04.2023 passed by the learned Single Judge, vide which

the writ petition preferred by the appellant/petitioner challenging

the action of the Rajasthan Staff Selection Board (for short ‘the

Board’) declaring the petitioner disqualified in the phase-II of the

examination i.e. pertaining to the skill test of stenography in Hindi

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as he had written the same in longhand instead of sign script

(shorthand), has been dismissed.

2.

Briefly the facts are that petitioner in pursuance of an

advertisement dated 04.07.2018, issued by the Board for filling up

the post in Stenographer Joint Direct Recruitment Examination,

2018, applied for the same. Being eligible, he was called to

participate in the recruitment process. The examination was in two

phases. Phase-I was a written examination comprising of two

papers of General Knowledge and General Hindi & English carrying

100 marks of each paper respectively and Phase-II examination

pertaining to skill test of stenography in Hindi or in English

according to the choice carrying 100 marks. By adding the marks

of the examination in Phase-I and Phase-II, would determine the

merit. It is not in dispute that the appellant cleared the Phase-I

examination i.e. written test, however in Phase-II examination

which was conducted on 28.10.2021, the appellant was declared

disqualified for the reason that he had not written the dictation of

audio clip in sign script (shorthand), rather written it in longhand.

It was emphasized that the general instructions issued along with

the advertisement had clearly indicated that the transcript typed

by a candidate would not be checked for the Phase-II test, in case

the same is not in sign script. Learned Single Judge has proceeded

to accept the stand of the respondent-Board and, therefore,

dismissed the writ petition.

3.

Learned counsel for the appellant has asserted that the

learned Single Judge although had called for the records, but has

not himself examined the shorthand book where the appellant had

taken his dictation. He contends that appellant had written it in

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shorthand language and in any case there is no specific language

prescribed. It is primarily a sign script which each individual

evolves for himself. It is the end product which is important.

Assertion has also been made that non-checking of the transcript

has led to injustice having been imparted to the appellant. On the

basis of the instructions, on which reliance has been placed by the

respondent-Board, Counsel contends that the words/sentences

written other than in sign script would not be examined. In case a

candidate had taken the audio clip in the longhand, he could at a

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