BALBHADRYA YADAV Vs. R.P.S.C. AND ORS.
LAWS(RAJ)-2010-12-59
HIGH COURT OF RAJASTHAN
Decided on December 13,2010

Balbhadrya Yadav Appellant
VERSUS
R.P.S.C. And Ors. Respondents

JUDGEMENT

Ajay Rastogi, J. - (1.) JOINT grievance has been raised by Petitioners that they are physically challenged persons and appeared in RAS (Preliminary) Examination, 2010 held under Rajasthan State and Subordinate Services (Direct recruitment by Combined Competitive examination) Rules, 1999 ("Rules, 1999") by Rajasthan Public Service commission ("PSC") pursuant to advertisement dt.30/06/2010 and despite 3% reservation has been provided to the physically challenged persons under advertisement impugned herein but while declaring result (Ann.4) of RAS (Prel) Examination, 2010, only last cut off marks in various categories (General, SC/ST including TSP, OBC and SBC) has been published on 14/11/2010; but separate list of 15 times of number of advertised vacancies against 3; reserved quota for physically challenged persons has not been published and they are also not known about result of their labour which they have put in and the marks which they have secured while appearing in RAS (Prel) Examination, 2010, which has caused great hardship to them.
(2.) IT is true that the applicants who appeared in RAS (Prel) examination, had a bonafide belief that they would get an opportunity for appearing in RAS (Main) examination but under the Scheme of Rules, 1999, 15 times of number of advertised vacancies in the respective category can only be permitted to appear and participate in RAS (Main) examination on the basis of performance in RAS (Prel) Examination; and rest of those having not fallen within 15 time of number of advertised vacancies in respective category are certainly restrained from further consideration and participation in main examination. However, this Court finds substance in the submission made by Counsel for Petitioners that those who appeared in RAS (Prel) examination 2010 must know final fate of their labour which they have put in, that alone will give them an opportunity to improve their performance as and when next examinations being held by the PSC.
(3.) AS regards submission made on behalf of Petitioners with respect to declaration of marks which they have secured in RAS (Prel) Examination, 2010, Counsel for Respondent -PSC submits that there is a policy decision in not disclosing marks obtained by applicants for their participation in Preliminary examination obviously because it is only the process of short listing of those having fallen within 15 time number of advertised vacancies for participation in main examination. In the opinion of this Court, if candidates appeared in the examination whether it is for short listing or main process of selection including written examination and interview, atleast they are expected to know marks secured in their preliminary written examination, which as observed supra will give an opportunity to improve them and put hard labour to come up with cut off marks in the select list while preparing for ensuing examination, that alone will be the purpose for their improvement in performance.;


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