OMI PUROHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner, after passing his LL. M. Examination, appeared in the competitive examination for the recsruitment to the Rajasthan Judicial Service. THE roll number allotted to him was 2082. THE examination was conducted by the Rajasthan Public Service Commission, Ajmer-THE following Syllabus was prescribed by the Rajasthan Public Service Commission for the Rajasthan Judicial Service Competitive Examination :- (1) Law Paper I 100 marks (2) Law Paper II 100 marks (3) Language (I) Paper I-Hindi Essay 50 marks (4) Language (II) Paper II-English Essay 50 marks (5) Viva-Voce - 35 marks

(2.) IT is contended by the learned counsel for the petitioner that the paper Language (II) - Paper II-English Essay - contained four questions relating to writing of essay, expansion of an idea, precis writing and translation of pessage from Hindi to English and as such it was beyond the scope of the Syllabus. As per the Syllabus, the questions could have been asked in this paper only for writing of an essay. According to the petitioner, as the paper was not set in conformity with the Syllabus published by the Rajasthan Public Service Commission for the competitive examination of Rajasthan Judicial Service, therefore, the respondents may be directed to re-set the paper and get the candidate be examined in the paper and no selection can be made on the basis of this paper for English Essay; and in the al;ernative, it is contended that only the question relating to the essay should be examined and the remaining questions set out in the paper should be ignored for judging the suitability of the candidates in this paper. The case of the respondents, on the other hand, is that the Language (II)-Paper 11- which relates to English Essay was in conformity with the Syllabus and the paper had been set-out in order to judge the proficiency of the candidates in the English Language and the Syllabus is not restricted only to the essay writing. The respondent's case further is that in previous years, also, in the Language (II)-Paper II-English Essay - the question paper contained questions on precis writing and translation, also. According to the respondents, the writ petition, filed by the petitioner, is therefore, liable to be dismissed.