HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 973/2026 Dr. Amit Kumar Sharma Son Of Mohan Lal Sharma ----Petitioner Versus The State Of Rajasthan ----Respondent For Petitioner(s) : Mr. R.K. Mathur, Sr. Advocate assisted by Mr. Deependra Yadav, Mr. Yash Khandelwal For Respondent(s) : Mr. M.F. Baig HON'BLE MR. JUSTICE SAMEER JAIN

Order

21/01/2026 Learned counsel for the petitioner submitted that, as per the scheme of the advertisement dated 27.11.2021 (Annexure-2), if the number of candidates exceeds the required vacancies, a written examination shall be conducted in addition to the interview, instead of relying solely on the interview. However, it is submitted that no marks have been allocated or specified for the written examination vis-a-vis the said selection process. It is further submitted that the merit list and reserve list (Annexures-6 and 7) do not reflect any marks breakdown, nor do they disclose the modus or guidelines according to which marks were awarded in the interview.

It is contended that, in light of the settled position of law laid down by the Hon'ble Apex Court in Dr. Rachita Mathur v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 15018/2024), wherein by placing reliance on the celebrated judgments of Ajay Hasia & Ors. Vs. Khalid Mujib Sehravardi & Ors. reported in (1981) 1 SCC 722 and Ashok Kumar Yadav & Ors. Vs. State of Haryana & Anr. Reported in (2000) 8 SCC 633, it was held that the weightage assigned to the interview cannot exceed 10% of the total marks.

Heard.

Issue notice.

On directions of the Court, Mr. M.F. Baig accepts notice on behalf of the respondents.

Counsel for the petitioner is directed to supply a copy of petition in the office of Mr. M.F. Baig.

List the matter on 20.02.2026 along with SBCWP No.6792/2022.

In the meantime, the respondents, particularly the Rajasthan Public Service Commission (RPSC), be restrained from proceeding further with the selection process pursuant to the advertisement dated 27.11.2021, as the same would prejudice the rights of all candidates.

Learned counsel for the petitioner is directed to implead the selected candidates and the candidates as per the merit list, as a party in the present petition, as outcome to the present petition shall have an effect upon their selection also.

Amended cause title be filed.

Upon doing the needful, let notices be issued to the newly impleaded party/parties.

‘Dasti’ service is permitted.

Name of Mr. M.F. Baig be shown in the cause list as counsel for the respondent-RPSC.

The respondents will be at liberty to move any application as per Article 226(3) of the Constitution of India, if so required.

(SAMEER JAIN),J CHANDAN /20