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Richal v. Rajasthan Public Service Commission

The Rajasthan Public Service Commission (RPSC) had issued an advertisement for filling up of more than 13,000 posts of school lecturers in the State of Rajasthan.

(A.K. Sikri and Ashok Bhushan, JJ.)

Richal _____________________________________________ Petitioner

v.

Rajasthan Public Service Commission __________________ Respondent

Petition(s) for Special Leave to Appeal (C) No(s). 14306-14310/2017, decided on January 16, 2018

With

SLP(C) No. 19151-19154/2017 (XV), SLP(C) No. 14481/2017 (XV), SLP(C) No. 14356-14357/2017 (XV), SLP(C) No. 14593-14594/2017 (XV), SLP(C) No. 14581-14584/2017 (XV), SLP(C) No. 14522-14525/2017 (XV), SLP(C) No. 19157/2017 (XV), SLP(C) No. 14947-14954/2017 (XV), (and IA No. 7234/2018-Permission to File Additional Documents), SLP(C) No. 18982/2017 (XV) , SLP(C) No. 21506/2017 (XV), SLP(C) No. 29556/2017 (XV), (For Admission and I.R. and IA No. 103709/2017-Condonation of Delay in Filing and IA No. 103713/2017-Exemption From Filing O.T. and IA No. 103716/2017-Permission to File SLP/TP and IA No. 103724/2017-Deleting the Name of Respondent), SLP(C) No. 24264/2017 (XV), (For Admission and I.R. and IA No. 90452/2017-Exemption From Filing O.T.), SLP(C) No. 28724/2017 (XV), (For Admission and I.R. and IA No. 100963/2017-Condonation of Delay in Filing and IA No. 100966/2017-Exemption From Filing O.T. and IA No. 100961/2017-Permission to File SLP/TP and IA No. 100967/2017-Deleting the Name of Respondent), SLP(C) No. 32467/2017 (XV), (For Admission and I.R. and IA No. 94554/2017-Condonation of Delay in Filing and IA No. 94556/2017-Exemption From Filing C/C of the Impugned Judgment and IA No. 94553/2017-Permission to File SLP/TP and IA No. 94555/2017-Condonation of Delay in Refiling and IA No. 122125/2017-Permission to File Additional Documents)

The Order of the court was delivered by

Order

1. The Rajasthan Public Service Commission (RPSC) had issued an advertisement for filling up of more than 13,000 posts of school lecturers in the State of Rajasthan. The written test was conducted pursuant thereto. The key to the answers was also published. Some of the candidates questioned that the aforesaid key does not give correct answers to some of the questions. It was mentioned that few questions were not even correctly framed. On that basis, a writ petition was filed in the High Court. Learned Single Judge after going into the said grievances of those candidates gave a direction for constituting the Expert Committee to examine as to whether the key to the answers is correct. The Expert Committee gave its report recommending deletion of 18 questions which according to the Expert Committee were not correctly framed and, therefore, needed to be deleted. It also corrected the answers to some other questions.

2. This led to second round of litigation as the petitioners herein (who were the writ petitioners in the High Court) submitted that even the aforesaid report of the Expert Committee was not correct. It was submitted that 13 questions were wrongly deleted. In support of this, the petitioners refer to the text books of the NCRT as per which those questions were rightly framed and there was no question to delete them. It was also submitted that five questions were still wrongly framed, which needed to be deleted or correct answers as suggested by the Expert Committee be corrected. The High Court has dismissed this writ petition. It has inter alia observed that the matter be given quietus inasmuch as it would be in the public interest not to delay the appointment of 13,000 teachers in the State of Rajasthan.

3. We are informed that after declaration of the result, successful candidates have already been given appointment. It is pointed out by the learned counsel for the petitioners that many posts are still lying vacant. They further submit that they have no objection if the candidates who have already been appointed, their appointment is not disturbed and at the same time the grievances as pointed out by the petitioners be looked into by the Expert Committee again and if it finds justification in the claim of the petitioners, fully or partially, only cases of other candidates who have not been appointed be re-examined on the basis of the report that would be given by the Expert Committee’s recommendations on these aspects. The learned counsel for RPSC wants some time to take instructions in this behalf.

4. List the matters on 06.02.2018.

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