Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 796 (RAJ)

Suseel Kumar, S/o. Bahadur Ram v. State Of Rajasthan, Through The Director, Directorate Of Secondary Education

2023-04-10

VINIT KUMAR MATHUR

body2023
ORDER : 1. Applications (01/2023) have been filed by the petitioners in S.B. Civil Writ Petition Nos.14838/2022 & 14344/2022 for making necessary corrections in the cause title. 2. For the reasons mentioned in the applications, the same are allowed. Amended cause title filed is taken on record. 3. Heard learned counsel for the parties. 4. Learned counsel for the parties are in agreement that the controversy involved in the present cases is squarely covered by a decision of this Court rendered in a bunch of writ petitions led by S.B. Civil Writ Petition No.1128/2023 (Mahendra Meena V/s State of Rajasthan & Ors.) and other connected matters decided on 06.04.2023 in the following terms :- “Heard learned counsel for the parties. The controversy involved in the present bunch of writ petitions is similar in nature, therefore, they are being disposed of by this common order. For brevity, the prayer of S.B. Civil Writ Petition No.19701/2022 “Hirendra Singh Rathore Vs. State of Rajasthan & Ors.” is taken into consideration which reads as under: “A. By an appropriate writ order or direction, any verbal/written order denying the selection and appointment to the petitioner for the post of PTI in pursuance of the advertisement 16.06.2022 (Annex-1) may kindly be quashed and set aside. B. By an appropriate writ order or direction, result dated 21.10.2022 (Annex-5) and subsequent first and Final answer key in pursuance of the advertisement 16.06.2022 (Annex-1) may kindly be quashed and set aside. C. By an appropriate writ order or direction, the respondents may kindly be directed to Constitute Expert Committee and re-look in the deleted/out of syllabus/multi option and question challenged by the petitioner and award bonus marks/award marks and revise the result in pursuance of the advertisement 16.06.2022 (Annex-1). D. By an appropriate writ order or direction, the respondents may kindly be directed to award Bonus marks for deleted questions/multi option and also award marks for correct answer/out of syllabus questions to the petitioner in pursuance of the advertisement 16.06.2022 (Annex-1) and revise result afresh. D. By an appropriate writ order or direction, the respondents may kindly be directed to award Bonus marks for deleted questions/multi option and also award marks for correct answer/out of syllabus questions to the petitioner in pursuance of the advertisement 16.06.2022 (Annex-1) and revise result afresh. E. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioner in the further selection process and afford the appointment to the petitioners on the post of PTI against their respective category if they stand in merit with all consequential benefits in pursuance of the advertisement dated 16.06.2022 (Annex-1).” Learned counsel for the petitioners submit that the petitioners have appeared in the examination conducted for filling up the posts of Physical Training Instructor (P.T.I.) vide advertisement dated 16.06.2022. After declaration of the result, the answer key was published by the respondents, however, on certain objections being raised, the answer key was referred to the expert committee and a reviewed answer key was published. Learned counsel for the petitioners submit that as per the reviewed and republished answer key, the questions which were adjudicated to be correct in the first answer key have been found to be incorrect and the answers to these questions in the question paper for PTI examination have been changed. Learned counsel for the petitioners further submit that as per the first answer key published by the respondents, if the numbers obtained by the petitioners are taken into consideration, then they are selected on the basis of the first answer key. However, on review being made, those questions to which the petitioners have answered have not been adjudicated to be correct and therefore, their names do not find place in the merit list. Learned counsel for the petitioners submit that the matter requires reconsideration and an expert commitee may be constituted to re-examine the infirmities mentioned by them in the writ petitions while adjudicating the correct answers to the questions. It is prayed by the petitioners that they will be satisfied, if the contentions raised in support of their correct answers in writ petition are examined by the expert body to be appointed by the respondents. It is prayed by the petitioners that they will be satisfied, if the contentions raised in support of their correct answers in writ petition are examined by the expert body to be appointed by the respondents. In the aforementioned bunch of writ petitions, there are number of questions which have been mentioned and according to the petitioners, the answers to those questions given by them are correct as per the text books relied upon by them in these writ petitions and therefore, they submit that they should have been awarded marks for the same, but the expert committee has not found those answers to be correct. On the submissions made by the learned counsel for the petitioner, learned counsel for the respondents were directed to complete the instructions as to whether the expert committee which has examined the objections received on the first answer key can re-consider and re-examine the matter afresh. Learned counsel for the respondents on instructions submit that they will get the contentions/objections of the petitioners re-examined through the expert committee and pass appropriate order after their re-examination. In view of the contentions raised by the learned counsel for the parties, this Court deems it appropriate to dispose of these writ petitions with a direction to the respondents to reconsider/re-examine the answers to the objectionable questions challenged in these writ petition by the expert committee. While examining the same, the contentions raised in these writ petitions may be considered as objections. The expert committee shall pass the appropriate orders with respect to the adjudication made by them on the objectionable questions raised in the writ petitions. The said exercise of examination by the expert committee shall be completed within a period of six weeks from today. Needless to say, if any change is made in the answers after the re-examination by the expert committee, as a consequence, the result shall also be reshuffled by the respondents. Stay petitions stand disposed of accordingly.” 5. Learned counsel for the parties are in agreement that the present bunch of writ petitions may also be disposed of in the same terms. 6. In view of the submissions made above, the present writ petitions are disposed of in terms of the order passed by this Court in the case of Mahendra Meena (Supra) decided on 06.04.2023. 7. Stay application as well as other pending applications, if any, shall stand disposed of.