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2024 DIGILAW 10 (RAJ)

Kapil Dev S/o Shri Heera Ram Vishnoi v. State Of Rajasthan

2024-01-02

KULDEEP MATHUR

body2024
ORDER : The petitioners by way of filing these writ petitions have prayed for various reliefs including that the respondent Rajasthan Public Service Commission (hereinafter referred to as “RPSC”) may be directed to furnish the answer-scripts of the petitioners for the Mains Examination of Rajasthan State and Subordinate Service Combined Competitive Examination 2021 (hereinafter referred to as “the Competitive Examination 2021”) held in pursuance of advertisement dated 20.07.2021 (Annex. 1), within 10 days from the declaration of the result of interview. 2. For ready reference, the prayers made by the petitioners in S.B.Civil Writ Petition No.19480/2022 (Kapil Dev & Ors. Vs. State of Rajasthan & Ors.) is reproduced hereinbelow : “It is, therefore, humbly and respectfully prayed that this writ petition of the petitioners may kindly be allowed:- A. By an appropriate writ, order or direction, the respondent RPSC may kindly be directed to furnish the answer script of the petitioners for the Rajasthan State and Subordinate Service Combined Competitive Mains Examination, 2021 within a time period of 10 days from the declaration of the final result i.e. the result of the interview. B. By an appropriate writ, order or direction, the respondent RPSC may kindly be directed to rectify the discrepancy if any found in the evaluation of the marks in the answer scripts at their own level and further the respondents RPSC may kindly be directed to give assurance that if any discrepancy in the answer scripts if found by the candidates like the petitioners then the RPSC shall rectify the same at their own level at the earliest. C. By an appropriate writ, order or direction, the respondent RPSC may kindly be directed to provide Model Answer Key for the Rajasthan State and Subordinate Service Combined Competitive Mains Examination held in pursuance of the Advertisement dated 20.07.2021 (Annex.01). D. By an appropriate writ, order or direction, the respondent RPSC may kindly be directed to hold the examination by conducting the RAS examination once in a year as per the provisions mentioned under Rule 5 of the Rajasthan State and Sub-ordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999. D. By an appropriate writ, order or direction, the respondent RPSC may kindly be directed to hold the examination by conducting the RAS examination once in a year as per the provisions mentioned under Rule 5 of the Rajasthan State and Sub-ordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999. E. By an appropriate writ, order or direction, the respondent RPSC may kindly be directed to give an undertaking that the method of evaluation of answer scripts adopted by them in the Rajasthan State and Subordinate Service Combined Competitive Mains Examination 2021 held in pursuance of the Advertisement dated 20.07.2021 (Annex.01) was an infallible and unerring method having no faults/lacuna in it. F. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners. G. Writ petition filed by the petitioners may kindly be allowed with costs.” 3. Learned counsel for the petitioners, however, at the outset have made a limited submission that at this stage, without making any interference in the final result of the Competitive Examination 2021, the respondent RPSC may be directed to furnish the copies of answer-scripts of the petitioners pertaining to their Mains Examination forthwith as the final result of the Competitive Examination 2021 has already been declared by the RPSC. 4. Learned counsel for the petitioners submitted that the petitioners participated in the Competitive Examination 2021 pursuant to the advertisement dated 20.07.2021 issued by the respondent RPSC and on being declared successful in the Preliminary Examination, they were permitted to appear in the Mains Examination which consisted of four papers. The petitioners could not clear the Mains Examination and consequently, their names were not reflected in the list issued on 30.8.2022, of candidates who qualified for the Personality and Viva Voce test. It was urged that some of the petitioners sought copies of the answer-scripts of the written examination (Mains Examination) under the Right to Information Act, 2005. In response thereto, one of the candidates was informed vide communication dated 29.09.2022 that her application under RTI Act has been received by the department and the information in response thereto will be provided within stipulated time after taking necessary action thereon. 5. In response thereto, one of the candidates was informed vide communication dated 29.09.2022 that her application under RTI Act has been received by the department and the information in response thereto will be provided within stipulated time after taking necessary action thereon. 5. Learned counsel further submitted that on 30.11.2022 the individual marks of the candidates for the Competitive Examination 2021 were uploaded by the respondent RPSC on its official website. Learned counsel submitted that without any valid reason or justification, the respondent RPSC did not provide answer-scripts to the candidates till date, though the final result of the Competitive Examination 2021 had already been declared on 17.11.2023. Thus, the selection process initiated pursuant to advertisement dated 20.7.2021 has culminated into finality. 6. Drawing attention of the Court towards various documents, learned counsel submitted that the delay in furnishing the answer-scripts to the petitioners, seriously prejudices the candidates as once the recruitment exercise is over, the entire purpose of securing of the copies of answer-scripts goes in vain. Learned counsel submitted that a timely supply of answer-scripts to the candidates affords them an opportunity to get their grievances, if any, pertaining to the answer-scripts of written test (Mains Examination) redressed/rectified while the recruitment process is in continuation. Learned counsel further submitted that a timely supply of copies of answer-scripts to the candidates also gives them an opportunity to look into their shortcomings in the previous examination so that they can evaluate their performance and properly prepare themselves for the next examination by learning from the mistakes committed by them in the previous examination. Thus, learned counsel for the petitioners urged that the limited prayer made by the petitioners for providing them copies of answer-scripts of the written test (Mains Examination) may be accepted and the respondents may be directed to supply the copies of answer-scripts to the petitioners in a time bound manner. 7. Per contra, learned counsel for the respondents submitted that the respondent RPSC being a constitutional body conducts the recruitment strictly in accordance with the rules while adopting the transparent and fair procedure. Learned counsel for the respondent RPSC, during the course of arguments, did not deny the right of the candidates to obtain copies of the answer-scripts of the Competitive Examination 2021. Learned counsel for the respondent RPSC, during the course of arguments, did not deny the right of the candidates to obtain copies of the answer-scripts of the Competitive Examination 2021. However, he submitted that the copies of the answer-scripts for the impugned selection process can be provided to the candidates only after the final selection is over. It was urged that after the declaration of the result of the interview, when the recommendation of combined merit list is made to the DOP, then a press release is issued on behalf of respondent RPSC, whereby the candidates are notified that they may apply for getting the copies of their answer-scripts by filling up application forms along with a requisite fee. 8. Learned counsel submitted that though the result of interviews of combined Competitive Examination 2021 has been declared or in other words, selection process initiated pursuant to the advertisement dated 20.7.2021, has already been completed by the respondent RPSC, however presently as per Rule 18(1) of Rajasthan State and Subordinate Service (Combined Competitive Examination) Rules, 1999 the candidates have been provided an opportunity of re- totaling of the marks obtained by them in the written examination (Mains Examination). Once the re- totaling process is completed by the RPSC, the candidates will be notified for applying for getting copies of their answer-scripts under Right to Information Act. Learned counsel submitted that no direct legal injury has been caused to the petitioners; no action of the RPSC has been challenged in this petition, as such, the present petitions cannot be entertained and, therefore, the same deserve to be dismissed with exemplary costs. 9. Heard learned counsel for the parties at Bar. Perused the material available on record. 10. This Court, keeping in view the admitted position of the case that result of the interviews pertaining to the Competitive Examination 2021 has been declared and the candidates have a right to seek copies of answer-scripts of the written test (Mains Examination), directed learned counsel for the respondent RPSC vide order dated 11.12.2023 and 18.12.2023, to give a specific statement as to the time period within which, the answer-scripts would be supplied to the petitioners. 11. In reply to the information sought by this Court vide orders dated 11.12.2023 and 18.12.2023, an affidavit of the Dy. Secretary, RPSC, Ajmer has been filed before this Court in S.B.Civil Writ Petition No.19480/2022 (Kapil Dev & Ors. Vs. 11. In reply to the information sought by this Court vide orders dated 11.12.2023 and 18.12.2023, an affidavit of the Dy. Secretary, RPSC, Ajmer has been filed before this Court in S.B.Civil Writ Petition No.19480/2022 (Kapil Dev & Ors. Vs. State of Rajasthan & Ors.) stating therein that since the provision of applying for re- totaling in accordance with the rules has yet not been completed, as per estimate, the RPSC would be notifying the opportunity to the candidates for obtaining the copies of the answer-scripts around 5.2.2024. 12. Having gone through the reply and additional affidavit filed on behalf of the respondent RPSC, this Court finds that the respondent RPSC has not denied the right of the petitioners to seek copies of the answer-scripts of the written test (Mains Examination) conducted by the RPSC for the Competitive Examination 2021. The respondent RPSC however has not been able to disclose a specific period within which the process for supplying copies of the answer-scripts would be initiated. 13. In the considered opinion of this Court, the practice to supply copies of answer-scripts to the candidates is essential to ensure fair play in the Competitive Examinations. The furnishing of copies of answer-scripts of the written test (Mains Examination) to the candidates would not only allow the candidates to see whether they have been given proper marks according to their performance in the examination but will also benefit them in preparing for next examinations. The delay in supplying copies of answer-scripts is not only in conflict with the interest of the candidates but is also opposed to the public interest which includes conduction of an efficient, effective and transparent competitive examination by the recruiting agencies. This Court has no hesitation in coming to the conclusion that once the Competitive Examination 2021 had already attained finality, any delay caused by the respondent RPSC in initiating process for supplying copies of answer-scripts to the candidates for written test (Mains Examination) is not only detrimental to the interests of the candidates but also adversely affects the trust reposed by the candidates in the recruiting agency that their answer-scripts have been examined with utmost care, honesty and impartiality. 14. 14. In the result of the aforementioned facts and discussion, the present writ petitions are disposed of with a direction to the respondent RPSC to notify the process for supplying the copies of the answer-scripts of the written test (Mains Examination) of Competitive Examination 2021 to the candidates within seven days from the date of this order and to conclude the same expeditiously, in accordance with law. 15. No order as to costs. 16. A copy of this order be placed in each file.