MS. VANDANA SHARMA Vs. RAJASTHAN PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY AND ANR.
LAWS(RAJ)-2011-1-132
HIGH COURT OF RAJASTHAN
Decided on January 12,2011

Ms. Vandana Sharma Appellant
VERSUS
Rajasthan Public Service Commission Through Its Secretary And Anr. Respondents

JUDGEMENT

Mohammad Rafiq, J. - (1.) CONTENTION of learned Counsel for Petitioner is that Petitioner had applied for appointment on post of General Teacher Grade III of Upper Primary School with code No. 25 and also Sanskrit Teacher Grade III of Upper Primary School with Code No. 24 under General Women Category. Although Petitioner secured 107.12 marks in written examination while cut -off marks of last selected candidate under that category is 100.94 marks. Respondents have wrongly rejected Petitioner's candidature for post of under Code No. 24 in Upper Primary School treating that she had applied for post of Sanskrit Teacher Primary School post with code No. 21 whereas she never applied for that post. and in answer -sheet she has clearly mentioned Code No. 24 and Rajasthan Public Service Commission in admission card issued to her mentioned Code No. 24.
(2.) IT is contended that initially two separate admission cards were issued to Petitioner for these two posts but she was required to appear for post with Code No. 24 at Ajmer and for post with Code No. 25 at Jaipur, which was not possible. Petitioner requested and Rajasthan Public Service Commission by letter dated 17.07.2009 acceded her request. Petitioner was granted permission to appear for posts with Code No. 21 and 24 at Biyani Girls B. Ed. College, Jaipur, whereas Petitioner never applied for post with Code No. 21, although she appeared for post with Code No. 24 in which she has qualified. Shri S.N. Kumawat, learned Counsel appearing on behalf of Rajasthan Public Service Commission, submitted that Petitioner submitted two application forms - one for post of Sanskrit Teacher Grade III of Upper Primary School with Code No. 24 and another for post of Primary Sanskrit Teacher with Code No. 21. She was issued two separate roll numbers. Petitioner remained absent in exam for post of Primary Sanskrit Teacher with Code No. 21. She appeared only for the post of Sanskrit Teacher Grade III of Upper Primary School with Code No. 24.
(3.) IN this view of controversy, when matter was last listed on 05.01.2011, Shri S.N. Kumawat, learned Counsel for Rajasthan Public Service Commission, was directed to produce answer -sheet of Petitioner so as to determine whether she indicated Code No. 24 therein or she appeared in that examination. Answer -sheet of Petitioner has been produced which indicates that she indeed appeared for post of Sanskrit Teacher Grade III of Upper Primary School with Code No. 24 which is obvious also from fact that RPSC by communication dated 17.07.2009 allowed her to appear for post of Primary Sanskrit Teacher with Code No. 21 as well as for post of Sanskrit Teacher Grade III of Upper Primary School with Code No. 24. There is no reason why, when she is qualified and actually appeared in that examination, she should be denied benefit of examination.;


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