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2016 DIGILAW 1637 (RAJ)

RAJASTHAN PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY, AJMER v. SATISH KUMAR SHARMA S/O LATE SHRI SHYAM SUNDER

2016-11-17

NAVIN SINHA, VINIT KUMAR MATHUR

body2016
JUDGMENT : NAVIN SINHA, J. 1. The present appeal arises from an interim-order dated 08/09/2016 directing that the respondent be permitted to appear at the interview provisionally, but that the result be kept in sealed cover not to be disclosed without the orders of the court and subject to the final decision of the writ petition. 2. The controversy involved is with regard to question paper 4 carrying 20 marks, a portion of which was required to be answered in the Rajasthani language. 3. Learned Senior Counsel for the Appellant submits that the learned Single Judge has recorded a prima facie finding that the direction to answer in Rajasthani language was over and above the instructions in the advertisement. The writ petition has virtually been allowed. The next submission is that the interim-order will open flood gates of litigation by others who may not have been successful in the written examination now staking claims on similar grounds. It was lastly submitted that the records may be called for from the learned Single Judge and be heard finally. 4. Counsel for the respondent refutes that the impugned-order records any finding, submitting that the learned Single Judge has specifically directed that the result of his interview shall be kept in sealed cover subject to the outcome of the writ petition. 5. We have considered the submissions on behalf of the parties. 6. Any observation contained in an interim-order has to be read and understood as confined for purposes of the same only and not for the final adjudication of the matter. Had the learned Single Judge arrived at a conclusive finding, directions for keeping the result of the interview in sealed cover subject to the outcome of the writ petition would not have been ordered. 7. Moreover, the substantive writ petition is still pending. It shall be wholly inappropriate exercise of jurisdiction by us at this stage to usurp the powers of the learned Single Judge depriving one of the parties who may be aggrieved, from the remedy of an appellate forum before this Court. 8. It shall be open for the parties to motion the learned Single Judge for early hearing. 9. The appeal is dismissed.