Amitava Roy, C.J. - (1.) HEARD Mr. Rajendra Prasad, learned counsel for the petitioner and Mr. A.K. Sharma, Senior Advocate assisted by Mr. Rachit Sharma for the respondents. The pleaded case of the petitioner, in short, is that he is an advocate practicing at Jaipur. He had earlier appeared in the Rajasthan Judicial Service Examinations in the years 2001, 2003 and 2005 conducted by the Rajasthan Public Service Commission wherein he had qualified in the written examinations, but remained unsuccessful in the interview. He thereafter appeared in the written examination held for direct recruitment to the Cadre of District Judge on 30.6.2010 by the respondent No. 1 and being successful was called for the interview. However, the said process was cancelled. Subsequent thereto, by a notification dt. 19.7.2011, a fresh process was initiated for appointment by direct recruitment to 39 vacant posts in the Cadre of District Judge. He, having offered his candidature, was allowed to appear in the written examination, and his allotted roll number was 3430. The petitioner thereafter appeared in the written examination held on 5.5.2012 and 6.5.2012 and the results thereof were declared on 6.8.2012. He has averred that in aggregate though he had scored 149 marks, he could not secure the minimum pass marks in the Language Paper, and therefore, he was not declared successful in the written examination. Situated thus, he submitted application under the Right to Information Act, 2005 (hereinafter referred to as 'Act 2005'), seeking the following relief: - - 1. I want to inspect the evaluated answer book of paper 3rd Language of the examination for recruitment to the District Judge Cadre year 2011.
(2.) I want to take certified copy of the aforesaid evaluated answer Book (Paper 3rd Language of the examination for recruitment to the District Judge Cadre year 2011) 2. The request was declined by the Deputy Registrar (Judicial) -cum -State Public Information Officer, Rajasthan High Court, Jodhpur with the observation that the information sought for can be provided after the conclusion of the entire process of examination i.e. Interview and declaration of the final results. Being aggrieved thereby, the petitioner preferred an appeal before the Registrar General, Rajasthan High Court, Jodhpur -cum -Appellate Authority, which was also rejected on the ground that the process of recruitment had not been concluded. The respondents, in their reply, while refuting the contention that the petitioner's request for inspection of his answer -book and the certified copy thereof had been illegally rejected, also asserted that his perception that he had performed better in Language Paper is misplaced. According to the answering respondents, the ground to decline the petitioner's request sought for under the Act 2005 was valid.
(3.) MR . Prasad has insistently argued that the written examination being over as the results thereof had been declared, the reasons cited for not acceding to the request of the petitioner is patently illegal. According to the learned counsel, the respondent -authorities under the Act 2005 had, in rejecting the petitioner's request, misread the judgment of the Hon'ble Apex Court in Central Board of Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors., : (2011) 8 SCC 497.;