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2022 DIGILAW 632 (RAJ)

Neetu Naval D/o Shri Girdhari Lal Naval v. State of Rajasthan through the Secretary, Department of Personnel

2022-02-22

ARUN BHANSALI

body2022
JUDGMENT : 1. This writ petition has been filed by the petitioners, inter-alia, seeking quashing of the dates for written examination of the Rajasthan State and Subordinate Service Combined Competitive Main Examination, 2021 ("Main Exams") scheduled to be held on 25.02.2022 and 26.02.2022 seeking 3/4 more months for preparation. 2. It is inter alia indicated in the petition that the respondents issued advertisement dated 20.07.2021 (Annex.1) for the recruitment. The syllabus for preliminary examination was released on 22.07.2022 and the syllabus for main examination was released on 23.11.2021. The result of the preliminary examination was declared on 19.11.2021 and the date for main examination was declared on 24.11.2021, fixing the same as 25.02.2022 and 26.02.2022. It is inter alia submitted that the respondents while prescribing the syllabus for the main Examination-2021 have made large scale changes in several subjects and as the petitioners have not been provided sufficient time for preparation, the examination scheduled to be held on 25th and 26th February, 2022 be deferred for 3-4 months. 3. Learned counsel for the petitioners emphasized that it has all along been practice of the RPSC to grant sufficient time after publication of the syllabus for preparation to the candidates. However, for the present recruitment though large scale changes have been made in the syllabus, a very little time has been granted to the candidates, who have to appear in the main examination, which is unjust and therefore, the dates fixed, may be set aside and the respondent- RPSC be directed to grant sufficient time. 4. By way of past practice, it was submitted that for RAS-2013, the advertisement was issued on 24.06.2013, preliminary examinations were held on 31.10.2015, result was declared on 29.11.2015 and the main examination was conducted on 09.04.2016. Similarly, for RAS-2016 the advertisement was issued on 28.04.2016, syllabus for main examination was uploaded on the same day on the website and the main examination was held on 27.03.2017 and 28.03.2017. Again in RAS-2018, advertisement was issued on 02.04.2018, syllabus for the main examination was uploaded on 13.04.2018 and the main examination was conducted on 25.06.2019 and 26.06.2019. 5. Based on the above practice, it is submitted that the time granted in the present examination is too short and therefore, the dates declared, be quashed and the main examination be deferred. 6. Submissions were also made that in M/s. Utkarsh Classes & Ors. v. . 5. Based on the above practice, it is submitted that the time granted in the present examination is too short and therefore, the dates declared, be quashed and the main examination be deferred. 6. Submissions were also made that in M/s. Utkarsh Classes & Ors. v. . State of Rajasthan & Ors. : D.B. Civil Writ (PIL) Petition No.12720/2011, decided on 25.10.2012 wherein it was directed that the respondents shall supply the syllabus at the time of initiation of the recruitment process, which has been violated by the RPSC and that in Prateek Rastogi & Ors. v. . National Board of Examination & Ors.: Writ Petition (Civil) No.1030/2021 decided on 06.10.2021 by the Hon'ble Supreme Court, as the respondents deferred the modified pattern of the examination for an academic year, the petition was rendered infructuous. 7. Learned counsel appearing for RPSC on Caveat, though sought time to file reply, however on urgency shown by the counsel for the petitioners in view of impending dates i.e. 25.02.2022 and 26.02.2022, submissions were made by the counsel orally. 8. It was submitted that the petitioners have approached the Court at the last moment when already the entire preparation on the part of RPSC has been done and that at the instance of few students, the main examination, wherein large number of candidates, about 20,000 have to appear, should not be deferred. It was submitted that the syllabus was uploaded immediately on declaration of the result of the preliminary examination and the dates of main examination were simultaneously declared on 24.11.2021 and that the petitioners had sufficient time to prepare for the main examination. Submissions were made that the plea regarding large number of changes in the syllabus, is also misplaced and therefore, the petition deserves dismissal. 9. I have considered the submissions made by the counsel for the parties and have perused the material available on record. 10. It is not in dispute that the dates for main examination were declared on 24.11.2021, prior to which the syllabus was uploaded on 23.11.2021. The changes in the syllabus, as indicated by the petitioners, were within the knowledge of the petitioners and they were well aware of the requirement for preparing the same. 10. It is not in dispute that the dates for main examination were declared on 24.11.2021, prior to which the syllabus was uploaded on 23.11.2021. The changes in the syllabus, as indicated by the petitioners, were within the knowledge of the petitioners and they were well aware of the requirement for preparing the same. The petitioners, apparently did not take any steps for questioning the validity of the time granted for preparation by the respondents and as the dates of exams drew closure, started making representations in this regard, one earliest representation tagged with petition is of 22.01.2022, followed by representations dated 27.01.2022 and 13.02.2022. Though it is submitted by the counsel for the petitioners that whenever the petitioners approached the respondents in this regard, they were assured that their request in this regard shall be considered favourably, however, on 17.02.2022, the admit cards have been uploaded, which has given them the cause of action. The said submission has been vehemently opposed by the counsel for the RPSC and it is submitted that every time the request was made, the same was refused and it was indicated that the main examination shall be held on the declared dates. 11. Be that as it may, the examinations are scheduled to be held on 25.02.2022 and 26.02.2022, the preparation on the part of RPSC for holding of the examination is already in place, large number of candidates are due to appear in the main examination and at the instance of few petitioners, who find themselves not fully prepared, for whatever reason, the examination scheduled to be held on 25th and 26th of February 2022, cannot be deferred. 12. So far as the plea raised that sufficient time from the date of uploading of syllabus till holding the examination should have been granted is concerned, the gap between uploading of the syllabus and holding of the main examination is not statutory and therefore, what would be a sufficient time for preparation would always vary from candidate to candidate and in any case as the dates of examination have been fixed by the expert body i.e. RPSC, it cannot be said that the same is arbitrary so as to require interference of this Court. Besides the above, in a competitive examination it is the relative performance among the candidates, which matters. All the appearing candidates stand on the same footing. Besides the above, in a competitive examination it is the relative performance among the candidates, which matters. All the appearing candidates stand on the same footing. It is not the case of the petitioners that due to the time for preparation provided, some or a group of candidates would acquire any advantage. 13. Further, the fact that in past it has taken three years, nine months or seventeen months in holding the examination, after uploading of the syllabus, cannot be a reason enough for the petitioners to seek similar time lag between uploading of syllabus and holding of the main examination. 14. So far as the order in the case of M/s. Utkarsh Classes (supra) is concerned, on account of purported violation of the directions issued by the Court, it cannot be said that holding of the main examination on the declared dates are bad in law. The order in the case of Prateek Rastogi (supra) has only noticed few facts and cannot be treated as a precedent. 15. In view of above discussion, no case for interference is made out in the dates fixed for main examination. The petition is, therefore, dismissed.