Vichitr & Another v. Registrar Examination, Rajasthan High Court, Jodhpur
2022-01-27
BIRENDRA KUMAR, MANINDRA MOHAN SHRIVASTAVA
body2022
DigiLaw.ai
ORDER 1. Aforesaid petitions have been filed by various candidates, who have appeared in Preliminary Examination for Direct Recruitment to the Cadre of Civil Judge, 2021. After publication of the notice dated 11.01.2022, by which the candidates qualified for main examination have been notified, selection process, at this stage, has been challenged on following issues: (a) Question Nos. 53, 84, 74 and 80 of C Series have been wrongly deleted. (b) Even if the questions have been deleted, the candidates, who have given correct answers, ought to be awarded bonus marks. (c) Key answer of Question No. 49 of B Series has been wrongly reframed as Option No. 1 because Option No. 3 is the correct answer, whereas, Option No. 1 has wrongly been reframed as correct answer affecting the process of selection and preparation of selection list. (d) Question No. 100 of A Series is out of syllabus, therefore, it should be deleted. (e) Question No. 47 of A Series should also be deleted because after the amendment in the Juvenile Justice (Care and Protection of Children) Act, 2015 vide notification dated 07.08.2021, none of the options can be said to be correct answer. (f) Petitioner In D.B. Civil Writ Petition No. 1244/2022 has been awarded 50 marks, yet she has not been selected for main examination by subjecting her to discrimination inasmuch as in the notification of selected candidates, it is for the first time that different criteria of cut off marks has been provided for various categories/sub-categories and though reduced cut off marks have been provided to General Widow as 45, no such reduced cut off marks have been provided for Scheduled Tribe Widow. Thus, the rules of game have been changed after commencement of the process of selection and such a course of action of prescribing different reduced cut off marks is neither in the rules governing selection process, nor in the Advertisement.
Thus, the rules of game have been changed after commencement of the process of selection and such a course of action of prescribing different reduced cut off marks is neither in the rules governing selection process, nor in the Advertisement. (g) Question No. 71 of B Series has been wrongly deleted because with reference to the authentic text referred to in the writ petitions, there is nothing wrong in framing of the question, (h) Question No. 44 of B Series has also been wrongly deleted because with reference to the authentic text, deletion is illegal, (i) Question No. 57 and 58 of C Series ought to be deleted in view of the amendment in the Juvenile Justice (Care and Protection of Children) Act, 2015 vide notification dated 07.08.2021. (j) Question No. 76 of D Series provides for more than one correct answers being Option No. 1 and Option No. 2, therefore, it ought to be deleted. (k) Question No. 77 of D Series also provides for more than one correct answers as Option No. 1 and Option No. 2 both are correct, therefore, this question should have also been deleted. (I) Initially the key answer of Question No. 66 of Series A was provided as Option No. 3, but it has been wrongly changed as Option No. 1, which has adversely affected award of marks. 2. Issue notice of writ petitions as well as stay applications to respondents by registered post as well as usual mode on payment of PF and notices on or before 31.01.2022. 3. Notices are made returnable within two weeks. 4. List these matters on 16.02.2022 for further orders on reply, admission as well as on stay. 5. A copy of this order shall go along with the notices. 6. A copy of this order be also placed on records of all the petitions.