- (1.) COUNSEL for the parties submits that the controversy involved in this petition for writ is no more res integra in view of judgment of this Court (Jaipur Bench) in batch of writ petitions led by Devendra Singh Chauhan Vs. Rajasthan Public Service Commission, Ajmer (S.B. Civil Writ Petition No.2608/2012) decided on 02.4.2012.
(2.) ON examination of record, I am satisfied that the controversy involved in this petition for writ stands adjudicated vide the judgment aforesaid. Accordingly, this petition for writ too is disposed in the terms of the judgment aforesaid with following directions : The petitioners, who have already appeared in phase-II examination pursuant to interim orders of this Court, would be eligible to get their final result. Those who will appear in phase-II examination scheduled for 5/6.4.2012 pursuant to directions of this court, would also be entitled for the same treatment provided petitioners have obtained 40% aggregate marks in phase-I examination. The direction aforesaid has been given keeping in mind the conflict in the Rules and Regulations inasmuch as Rule 27 of the Rules and Regulations of 1999 provides 40%f marks in each paper whereas schedule appended thereto provides 40% marks in phase-I examination. The respondents are directed to look into the aforesaid and make suitable amendment in the rules so that contradictions may not remain. Examination of Phase-II is over other than at one centre where examination is scheduled for 5/6.4.2012 thus direction aforesaid would be applicable to the petitioners only and directions given above would not be treated as a precedent. Rather directions aforesaid have been passed in the peculiar facts and circumstances of the case. The respondent-State has been directed to take note of the discrepancy in the Rules thus it is expected that before the next selection, necessary amendment would be made either amending Rule 27 of the Rules & Regulations of 1999 or the schedule appended thereto in whatever manner the government thinks fit and proper and similar action for the Rules of 1970. ;