- (1.) THE appellant-petitioner, Sanjeev Kumar Dixit, has challenged the judgment dated 12.07.2013 passed by a Single Judge of this Court, whereby the learned Single Judge has dismissed the writ petition filed by the appellant-petitioner.
(2.) THE brief facts of the case are that on 17.05.2011 the Rajasthan Public Service Commission [R.P.S.C., for short] had issued an advertisement inviting applications for recruitment to the post of Lower Division Clerk [L.D.C., for short] in the Secretariat and other Departments. According to this advertisement, the selection was to be conducted in two phases: in Phase-I, there were two papers of 100 marks each; in Phase-II, candidates, three times the number of posts, were to be invited from those who had secured minimum of 40% marks in each paper of Phase-I. Since the appellant-petitioner was eligible for the said post, he applied for the same. He appeared in Phase-I Examination whose result was declared on 02.02.2012. According to the result, he had secured 59 marks in Hindi, and 39 marks in General Knowledge. Thus, he has secured an aggregate of 98 marks out of 200. Since he had not secured minimum of 40% marks in one of the two papers, he was not permitted to take the Phase-II Examination. Since the appellant-petitioner was aggrieved by the action of the R.P.S.C., he submitted a representation before it. He pointed out the fact that in cases of person similarly situated as him, this Court had passed interim orders allowing the candidates who has secured less than 40% minimum marks to sit in Phase-II Examination. However, the representation did not elicit any response from the R.P.S.C.
(3.) THEREFORE , the appellant-petitioner filed a writ petition before this Court, namely S.B. Civil Writ Petition No.3333/2012. By an interim order dated 16.03.2012, the petitioner was allowed to appear in Phase-II Examination. But according to the petitioner he could not clear the typing test as he was unprepared for the same.;