ORDER : 1. Through this intra court appeal under Article 225 of the Constitution of India read with Rule 134 of the Rajasthan High Court Rules, the appellants-writ petitioners herein seek to assail the order dated 28.09.2022 passed by the learned Single Bench, whereby the writ petition preferred by the petitioners questioning the answer key proposed by the respondents for the Live Stock Assistant Recruitment-2022 was dismissed. 2. After examining the matter in detail, the learned Single Bench culled down the controversy to the question No.38 of the question paper, which reads as below : "38. Which of the following places has Rajasthan’s largest thermal power station? (A) Chhabra (B) Suratgarh (C) Kota (D) Kalisindh 38- fuEufyf[kr esa ls fdl LFkku ij jktLFkku dk lcls cM+k FkeZy ikoj LVs'ku gS\ ¼,½ NkcM+k ¼ch½ lwjrxढ+ ¼lh½ dksVk ¼Mh½ dkyhfla/k** 3. The answer to the said question was initially proposed as (B) Suratgarh, which was changed by the expert committee to option (A) Chhabra in the final answer key. The writ petitioners questioned the said decision of the expert committee and the change of option from (B) to (A) by filing the captioned writ petition, which came to be rejected as indicated above. Hence, this appeal. 4. When the matter was taken up for consideration, the learned counsel for the appellants drew the court's attention to the question paper of the examination conducted by the respondent Rajasthan Staff Selection Board for the Basic Computer Operator Recruitment-2022, wherein, the very same question was proposed as question No.42. The answer to this question as adopted by the Board is admittedly (A) Suratgarh as per the answer key attached to the question paper. 5. A comparison of the contemporary questions would be relevant for deciding the controversy and hence, question No.42 of the Basic Computer Operator Recruitment -2022 is reproduced hereinbelow for the sake of ready reference : "42. Which is the biggest Thermal Power Station of Rajasthan? (A) Suratgarh Thermal (B) Kota Thermal (C) Giral Thermal (D) Barsingsar Thermal 42- dkSulk jktLFkku dk lcls cM+k rkih; fo|qr xzg gS \ ¼,½ Lkwjrxढ+ FkeZy ¼ch½ dksVk FkeZy ¼lh½ fxjy FkeZy ¼Mh½ cjflaglj FkeZy** 6. Which is the biggest Thermal Power Station of Rajasthan? (A) Suratgarh Thermal (B) Kota Thermal (C) Giral Thermal (D) Barsingsar Thermal 42- dkSulk jktLFkku dk lcls cM+k rkih; fo|qr xzg gS \ ¼,½ Lkwjrxढ+ FkeZy ¼ch½ dksVk FkeZy ¼lh½ fxjy FkeZy ¼Mh½ cjflaglj FkeZy** 6. Considering the above submission of the appellants' counsel to be relevant, this court passed the following order on 19.01.2023:- "The controversy in this litigation is regarding the answer adopted by the respondents to the question No.38 of the subject question paper, which reads as below : 38. Which of the following places has Rajasthan’s largest thermal power station? (A) Chhabra (B) Suratgarh (C) Kota (D) Kalisindh 38- fuEufyf[kr esa ls fdl LFkku ij jktLFkku dk lcls cM+k FkeZy ikoj LVs'ku gS\ ¼,½ NkcM+k ¼ch½ lwjrxढ+ ¼lh½ dksVk ¼Mh½ dkyhfla/k** The appellants claim that the correct answer to this question, as per the installation capacity of the Thermal Power Station, is “Suratgarh”, whereas the respondents have accepted the answer “Chhabra” as correct answer. During the course of arguments, learned counsel for the appellants drew the court’s attention to the question paper of the examination conducted in the year 2022 by the same body, i.e. the Rajasthan Staff Selection Board, for the posts of Basic Computer Operator, wherein question No.42 is exactly the same as question No.38 of the present recruitment. It is submitted that in that examination, which was conducted merely 15 days after the recruitment at hand, the Board has accepted “Suratgarh” as correct answer. It is also submitted that the expert report on which the respondents place reliance for accepting the answer “Chhabra” is in itself vague and misleading. Learned counsel Mr. Sanadhya shall file an affidavit of the Chairman of the Recruitment Board to explain this apparent anomaly. Renotify on 24.01.2023." 7. Consequent to the said direction, affidavit of Chairman of the Staff Selection Board was filed wherein, it is asserted that two options including Chhabra were given in question No.38 of the question paper in Livestock Assistant Selection and acting on the opinion of the expert committee, option (A) Chhabra was considered as correct answer, but as option Chhabra was not available in the question No.42 of the Basic Computer Operator Recruitment-2022, wherein, option (A) Suratgarh was selected, being the best answer amongst all answers. 8. 8. Since no comparative analysis of the two questions (38 and 42 of the respective papers) was done, by the experts, this Court felt that the affidavit did not satisfy the query posed vide the order dated 19.01.2023 and thus, on 24.01.2023 learned counsel Shri Vineet Sanadya, representing the Staff Selection Board, suggested that it would be better to get the issue examined afresh through a newly constituted expert committee. Consequent there to, the expert committee was again constituted which has given the report dated 31.01.2023 which has been submitted for the Court's perusal by Shri Sanadhya today. It would be apposite to reproduce the report of the expert committee for the sake of ready reference. "In pursuance of office order vide no.478 dated 25-01-2023 issued by Rajasthan Staff Selection Board, Jaipur, We the Experts present today i.e. 31-01-2023 at 11:00 am in the office of the Rajasthan Staff Selection Board, Jaipur, The RSSB has apprised us that A writ petition no 847/2022 is pending in the Hon’ble High Court of Rajasthan at Jodhpur regarding to the question number 38 [According to Master question Paper] for Livestock Assistant Direct Recruitment Exam-2022. Here it is relevant to mention the question no.38, “38. Which of the following places has Rajasthan’s Largest thermal power station? [A] Chhara [B] Suratgarh [C] Kota [D] Kalisindh 38- fuEufyf[kr esa ls fdl LFkku ij jktLFkku dk lcls cM+k FkeZy ikoj LVs'ku gS\ ¼,½ NkcM+k ¼ch½ lwjrxढ+ ¼lh½ dksVk ¼Mh½ dkyhfla/k** We have re-examined the answer of above question, we have addressed the issue in detail and gone through the material regarding experts answer, objections raised by the candidates on Primary Answer Key, Expert opinion on this question of the previous experts. After thoughtful consideration we have reached on this conclusion that the right answer of this question is option ‘A’ [Chhabra]. References for the option ‘A’ [Chhabra] are as under: 1- jktLFkku dk Hkwxksy] ys[kd% MkW- gfj eksgu lDlsuk] laLdj.k 2022] ist 196 2- jktLFkku dk Hkwxksy] ys[kd% MkW- ,y-vkj- HkYyk] laLdj.k 2023] ist 118 & 119 3- jktLFkku Kku & forku] ys[kd% MkW] loZneu feJ] laLdj.k 2022] ist 381 Signature of Expert [1st] (Dr. Yogesh Kumar Sabal) Associate Professor Signature of Expert [2nd] (Sh. Suresh Chandra Jat) Assistant Professor 9. Yogesh Kumar Sabal) Associate Professor Signature of Expert [2nd] (Sh. Suresh Chandra Jat) Assistant Professor 9. Shri Bhanwariya, learned counsel representing the petitioner, has also placed on record a copy of the communication dated 26.07.2022 provided by the RRVUNL (Rajasthan Rajya Vidyut Utpadan Nigam Limited) being the parent company of both the thermal power station i.e. Chhabra and Suratgarh wherein, it is clearly indicated that the largest thermal power plant of Rajasthan is at Suratgarh with its total power generation capacity being 2820 MW. In the very same communication, it is mentioned that the total power generation capacity of Chhabra is 2320 MW. 10. There cannot be two views on the aspect that when the answer is sought to the question as to which is the largest/biggest thermal power station in Rajasthan, the result cannot be variable. The use of adjectives "largest" and "biggest" in the questions would imply that the answer should identify the thermal power plant with reference to the generation. There cannot be two largest power stations in the State unless the production capacity is stated to be identical and in that event, there would be more than one correct answer to the question. It is only for this reason, that this Court felt that there was an apparent anomaly in the approach of the Staff Selection Board wherein, qua the recruitment of the Live Stock Assistants (the present case) the option (A) Chhabra was substituted for the earlier provided option (B) Suratgarh and in the selection examination for the Basic Computer Operator Recruitment-2022 conducted just a few days later, option (A) Suratgarh considered as the correct answer with both questions being identical. While passing the order dated 19.01.2023, it was clearly indicated that the Board shall seek the expert opinion with comparative analysis of the contemporary questions in the two selection examinations. However, a perusal of the report dated 31.01.2023 reproduced hereinabove, would clearly indicate that the question as posed in the Basic Computer Operator Recruitment -2022 was either not brought to the notice of the expert panel or the same was intentionally ignored from consideration. A perusal of the report reflects sheer avoidance the pertinent query posed by the Court in the order dated 19.01.2023. 11. Shri H.P. Sharma, the Chairman of the Board has joined the hearing through video conferencing. A perusal of the report reflects sheer avoidance the pertinent query posed by the Court in the order dated 19.01.2023. 11. Shri H.P. Sharma, the Chairman of the Board has joined the hearing through video conferencing. He tried to persuade the Court that both the question papers were indeed placed before the expert committee, but the committee on it's own discretion has given it's opinion only regarding question No.38 of the Live Stock Assistant paper. 12. We are clearly of the view that there has been a calculated attempt of ignoring this Court's pertinent direction. The other eventuality is that the Board's officials suffer from sheer incompetence. The Board has been constituted to carry out recruitment's for various Government jobs in State of Rajasthan. Unemployed youth appear in the examinations and the discrepancies left in the question papers shatter their aspirations and diminish their prospects as many of them loose out because of anomalies/uncertainties in the evaluation process. Huge expenses are incurred and precious time is lost when the results are quashed/reversed. The Staff Selection Board is supposed to be an expert body and there is no room for such fundamental anomalies being left in the question papers framed by it. Opportunity was given to the Board officials to act rationally and to make an objective comparative analysis of identical questions asked in two different examinations conducted by it, but the consideration so made is absolutely perfunctory. 13. At this stage, and while the order was being dictated, learned counsel Shri Sanadhya submitted that the Board is ready to rectify its error and as a consequence, the affidavit forwarded by the Chairman of the Staff Selection Board through e-mail has been placed on record, the relevant part where of is extracted below:- 1. That the present special has arisen out of the judgment dated 28.09.2022 dismissing the writ petition preferred by the appellants-petitioners challenging the final answer key issued by the Rajasthan Staff Selection Board in the recruitment of Livestock Assistant-2022. In the instant appeal, the appellants chosen to agitate against only question No.38 of the master question paper. 2. That during arguments taken place on 02.02.2023 and the undersigned has also attended the proceedings through video conferencing. It appeared during the proceedings that there is an error in finalizing the answer of question no.38 by the respondent board, which was based upon the expert reports. 2. That during arguments taken place on 02.02.2023 and the undersigned has also attended the proceedings through video conferencing. It appeared during the proceedings that there is an error in finalizing the answer of question no.38 by the respondent board, which was based upon the expert reports. And looking to the matter in hand the answering respondent is going to rectify the same with immediate effect." 14. However, having seen the lackadaisical manner in which the Board officials have dealt with such a sensitive matter, we are not inclined to leave any loose ends and propose to decide the controversy on merits. 15. It is clear as daylight that exactly identical questions Nos.38 and 42 were posed in two different selection examinations conducted by the Board, of which, the result can only be Suratgarh. However, different answers have been approved in the results which makes it clear that the Board has not acted rationally while changing the answer to the question No.38 of the Live Stock Assistant Recruitment Examination from Suratgarh to Chhabra. This conclusion is fortified by the reply given by the RRVUNL, the Parent Company of both the power stations, i.e. Suratgarh and Chhabra, to the query made under the RTI Act. This conclusion is fortified by the reply given by the RRVUNL, the Parent Company of both the power stations, i.e. Suratgarh and Chhabra, to the query made under the RTI Act. This response of the Corporation is reproduced hereinbelow for the sake of ready reference :- Øa-l- fo"k; mRrj 1- jktLFkku dk lcls cM+k FkeZy ikoj IykaV dk uke (May 2022) jkT; {ks= esa jktLFkku jkT; fo|qr mRiknu fuxe ds LFkkfir fo|qr x`gksa @ ifj;kstukvksa dk mudh dqy vf/k"Bkfir fo|qr mRiknu {kerk ds vk/kkj Ikj oxhZdj.k djus ij ebZ 2022 esa lwjrxढ+ ftyk Jhxaxkuxj esa LFkkfir lwjrxढ+ FkeZy ikoj LVs'ku] bdkbZ 1 ls 6 ¼mRiknu {kerk 1500 esxkokV½ ,oa blds foLrkj esa LFkkfir lwjrxढ+ lqij fØfVdy FkeZy ikoj ifj;kstuk bdkbZ 7 ,oa 8 ¼mRiknu {kerk 1320 esxkokV½ dks lfEefyr djus ij dqy 2820 esxkokV vf/k"Bkfir fo|qr mRiknu {kerk ds vk/kkj ij jkT; {ks= esa fuxe dk lcls cM+k FkeZy ikoj IykaV gSaA 2- 2- lwjrxढ+ FkeZy ikoj IykaV dh bULVky ,uthZ rFkk fdrus ,fj;k esa bldk foLrkj g S (May 2022) rd MsVk miyC/k djok,¡ lwjrxढ+ FkeZy ikoj LVs'ku] bdkbZ 1 ls 6 ¼mRiknu {kerk 1500 esxkokV½ ,oa blds foLrkj esa LFkkfir lwjrxढ+ lqij fØfVdy FkeZy ikoj ifj;kstuk] bdkbZ 7 ,oa 8 ¼mRiknu {kerk 1320 esxkokV½ dks lfEefyr djus ij ebZ 2022 eas dqy 2820 esxkokV vf/k"Bkfir fo|qr mRiknu {kerk gSaA 3- NcM+k FkeZy ikoj IykaV dh bULVky ,uthZ rFkk fdrus ,fj;k esa bldk foLrkj gS (May 2022) rd MsVk miyC/k djok,¡ NcM+k FkeZy ikoj LVs'ku] bdkbZ 1 ls 4 ¼mRiknu {kerk 1000 esxkokV½ ,oa blds foLrkj esa LFkkfir NcM+k lqij fØfVdy FkeZy ikoj ifj;kstuk bdkbZ 5 ,oa 6 ¼mRiknu {kerk 1320 esxkokV½ dks lfEefyr djus ij dqy 2320 esxkokV vf/k"Bkfir fo|qr mRiknu {kerk gSA 4- foHkkx n~okjk FkeZy ikoj IykaV dk oxhZdj.k fdu fdu vk/kkjksa ij fd;k x;k gS] mldk lEiw.kZ fooj.k myC/k djok,¡A foHkkx n~okjk FkeZy ikoj IykaV dk oxhZdj.k fo|qr mRiknu esa mi;ksx vkus okys bZa/ku ¼dks;yk @ fyXukbZV @ xSl½] rduhdh ¼lqijfØfVdy@ lcfØfVdy@ vYVk lqijfØfVdy½ rFkk bdkbZ dh vf/k"Bkfir {kerk ds vk/kkj ij fd;k x;k gS] ftldk lEiw.kZ fooj.k fuxe dh osclkbZV www.energy.rajasthan.gov.in ij miyC/k gSaA 16. On a perusal of the reply so provided by the Company, it is crystal clear that Suratgarh is definitely the largest thermal power plant in the State of Rajasthan and Chhabra lags behind by a measure of 500 MW in the production capacity. 17. On a perusal of the reply so provided by the Company, it is crystal clear that Suratgarh is definitely the largest thermal power plant in the State of Rajasthan and Chhabra lags behind by a measure of 500 MW in the production capacity. 17. In view of the above discussion, the decision of the respondents in adopting option No.(A) Chhabra to the Question No.38 in the final answer key of Live Stock Assistant Recruitment2022 is declared to be invalid and hereby reversed. 18. Consequently, the impugned order passed by the learned Single Bench dated 28.09.2022 is also reversed. 19. The answer (B) Suratgarh adopted in the preliminary answer key is the correct answer to the question No.38 and thus, the result shall be revised by adopting the said answer. The answer key and the reshuffled result/merit list to be prepared as a consequence of the above revision shall be declared and uploaded on the website of the Board at the earliest. 20. The appeal is allowed in these terms. 21. No order as to costs.