KAMLESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions have been filed by those who applied for appointment on the post of Assistant Public Prosecutor Gr.II in response to advertisement No.6/11 -12, dated 26.05.2011, issued by respondent Rajasthan Public Service Commission and remained unsuccessful. Rajasthan Public Service Commission (for short, 'RPSC') in the aforesaid advertisement invited application for appointment against 159 posts of Assistant Public Prosecutor Gr.II (for short, 'APP Gr.II'). RPSC received a total of 15776 applications. In the scheme of the Rajasthan Public Subordinate Service Rules, 1978, appointment to the post of APP Gr.II is based entirely on interview. Discretion has been given to RPSC to conduct screening test for the purpose of short listing the candidates. It was for that purpose that RPSC conducted a written examination on 01.12.2011 for all 15776 candidates, who applied. Actually, however, only 9191 candidates appeared for this screening test.

(2.) ALL the candidates were subjected to written examinations on a question booklet covering relevant subjects to test their knowledge of law, which consisted of 100 objective type questions. Four options were given against each question requiring the candidates to select one of them. Question booklets were supplied in different series, namely, A, B, C and D, wherein though the questions were same but in the changed order. It was notified in the instructions supplied therewith that 1/3rd part of the mark of each correct question will be deducted for each wrong answer and that in the event of any ambiguity/mistake, the English version will be treated as standard.

(3.) RESULT of the the screening test was for the first time declared by RPSC on 03.02.2012 (for short, 'the first result'). 502 candidates were declared pass. Three writ petitions were filed before the Principal Seat of this Court at Jodhpur alleging irregularities in the examination and further alleging that 40 questions out of total hundred, were picked up from the notes prepared by one Prof. J.K. Malik, Department of Law, University of Rajasthan, Jaipur, who has been giving his services to a Commercial Coaching Institute i.e. Swami Vivekanand Coaching Centre, Bapu Nagar, Jaipur. He used to teach subjects of IPC, Cr.P.C. and Evidence Act to aspirants for appointment in the services like Assistant Public Prosecutor and Rajasthan Judicial Service etc. Stand of RPSC before the High Court was that number of paper setters were consulted including Prof. J.K. Malik. However, only 25 questions were taken from the papers proposed by him. A written undertaking was obtained from him and all other paper setters that they were not working with any coaching institute. An affidavit sworn in by Prof. J.K. Malik was also filed, who refuted such allegations. The argument that the process of examination stood vitiated because of allegations against Prof. J.K. Malik was rejected and the writ petition was dismissed. The learned Single Judge in the aforesaid writ petition, however, directed that if the petitioners submit any representation disputing correctness of answer key or showing any question out of syllabus, RPSC may examine the same at its own level after taking opinion of the experts. If any appointments are made in the meantime, the same would be open to review if any wrong is found with the question papers after considering representation of the petitioners.