JUDGEMENT
L.NAGESWARA RAO.J. -
(1.) Leave granted.
Mr. Vikesh Kumar Gupta and Mr. Mahesh Kumar Meena, the Appellants herein, have filed SBCWPNo.10992 of 2019 in the High Court of Judicature for Rajasthan, Jaipur Bench aggrieved by their non-selection to the post of Senior Teacher (Grade II) in Social Science. By an order dated 10.07.2019, the High Court stayed the appointments to the post of Senior Teachers (Social Science) pursuant to the Advertisement dated 13.07.2016 till further orders. The said order was challenged by some of the candidates who were selected. By an order dated 24.07.2019, the Division Bench of the High Court set aside the interim order dated 10.07.2019. While doing so, the Writ Petition filed by Mr. Vikesh Kumar Gupta and Mr. Mahesh Kumar Meena was disposed of along with a connected Writ Petition filed by Mr. Mukesh Kumar Sharma and others. The Appellants challenged the said judgment of the Division Bench dated 24.07.2019 in the appeals.
(2.) For the sake of convenience, we refer to the facts of the Appeals arising out of SLP (C) Nos. 20512-20513 of 2019. An advertisement was issued by the Rajasthan Public Service Commission (for short "the RPSC") on 13.07.2016 for selection of 9,551 Senior Teachers (Grade II) in Social Science, Sanskrit, Hindi, English and Mathematics. Written examinations were conducted on 01.05.2017 and 02.07.2017 in General Knowledge and Social Science respectively. The RPSC issued the 1st Answer Key on 06.02.2018 and declared the results. The names of the Petitioners were mentioned in the list of selected candidates but they could not be appointed due to certain defects in the detail forms filed by the Petitioners after their selection. On 25.04.2018, a Single Judge of the High Court of Judicature for Rajasthan, Jaipur Bench referred 3 questions in the 1st Answer Key to be reconsidered by an Expert Committee. Shortly thereafter, a Single Judge of the High Court of Judicature for Rajasthan, Jodhpur Bench referred another 8 questions for reconsideration by an Expert Committee on 05.05.2018. An Expert Committee constituted by the RPSC revised the Key Answers for 2 questions in Social Science and 1 question in General Knowledge. A revised Key Answer, which shall be referred to as the 2nd Answer Key, was issued pursuant thereto, and the Merit List was also revised on 17.09.2018. The names of the Petitioners were not included in the revised Merit List.
(3.) The judgment dated 05.05.2018 of the learned Single Judge of the High Court of Judicature for Rajasthan, Jodhpur Bench by which 8 questions were referred to the Expert Committee for reconsideration was the subject matter of appeal before a Division bench of the High Court. The grievance of the Appellants therein was that they had challenged the correctness of 33 questions which required to be referred to an Expert Committee. The High Court examined the correctness of the disputed questions by itself and came to a conclusion that the answers to 5 questions were wrong. After being informed that the results have been announced and the selection process was completed, the Division Bench of the High Court by its judgment dated 12.03.2019 in D.B. Special Appeal Writ No.922 of 2018 directed revision of the Select List and give benefit of the revision only to the Appellants before the Court. The Appeal arising out of SLP (C) Nos.10035-36 of 2020is filed questioning the correctness of the judgment dated 12.03.2019.;
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