SINGH, J. - (1.) THIS appeal is directed against the judgment dated 25. 9. 2003 rendered by the learned Single Judge in S. B. Civil Writ Petition No. 7077/2002.
(2.) BRIEF facts giving rise to this special appeal are that the appellant, Rajasthan Public Service Commission (for short RPSC) issued an advertisement dated 17. 5. 2001 for conducting the Rajasthan Judicial Service Examination, 2001. Pursuant to the advertisement dated 17. 5. 2001, the respondent submitted his application form in SC category. The RPSC conducted the aforesaid examination on 16/17 September, 2001 and the result thereof was declared on 20. 11. 2001. But the result of the respondent was withheld as at the time of evaluation of the answer books of the respondent it was discovered that Page No. 23 of the answer book of Law Paper-1 and pages 11 to 14 of Law Paper-II were torn. The appellant RPSC wrote a letter dated 23. 11. 2001 to the respondent requiring him to furnish his explanation. In response to the letter of the RPSC, the respondent on 26. 11. 2001 submitted his explanation, whereby the respondent denied having torn the pages of his answer books and submitted that the answer books were handed over to the Invigilator in completely intact position. The respondent was also given an opportunity of personal hearing by the appellant. Availing that opportunity the respondent appeared before the RPSC on 19. 12. 2001. After hearing the respondent, the RPSC did not find his explanation to be satisfactory and accordingly, the RPSC cancelled the examination of the respondent and also debarred him from appearing in all the examination of the respondent and also debarred him from appearing in all the examinations of the RPSC for a period of two years vide order dated 30. 9. 2002. Aggrieved by the order dated 30. 9. 2002, the respondent challenged the same by way of a writ petition. During the pendency of the writ petition an advertisement was issued by the appellant inviting applications for appointment to the post of Assistant Public Prosecutor Grade-II on 19. 2. 2002. The respondent also applied for the said post. Pursuant to an interim order dated 4. 10. 2002, the respondent was allowed to appear in the screening test held for selecting a candidate for the post of Assistant Public Prosecutor Gr. II.
(3.) ON 25. 9. 2003, the learned Single Judge allowed the aforesaid writ petition of the respondent and quashed and set aside the order of the appellant dated 30. 9. 2002. While allowing the writ petition, the learned Single Judge also directed the appellant to declare the result of the respondent pertaining to the examination of Assistant Public Prosecutor Grade-II. It seems that the learned Single Judge felt that in order to establish the fact that the pages of the answer sheets were torn by the respondent, it was incumbent upon the RPSC to have examined the invigilator as to how and in what manner the pages of the answer books could be torn in his presence. The learned Single Judge was also of the view that since the malpractice was not detected in the examination hall itself, the respondent could not have been held responsible for the act of hearing the pages from the answer books without initiating any inquiry into the matter and without recording the statement of the invigilator. In the opinion of the learned Single Judge the examination of the respondent was not rightly cancelled and he could not be debarred from appearing in the examinations conducted by the RPSC. Aggrieved by the order of the learned Single Judge, the appellant has filed the instant appeal. By order dated 10. 11. 2003 the appellant was directed to produce the relevant answer books. Pursuant thereto the answer books were presented before us by the appellant. The appellant was also directed to produce in sealed cover the respondent's result in the written examination held for the selection to the post of Assistant Public Prosecutor Grade- II. As per the direction, the result was also produced in a sealed cover by the appellant for our perusal. We have perused the respondent's result of the Assistant Public Prosecutor Grade-II examination. The respondent has secured 50 marks only. The last candidate who was selected for the post of Assistant Public Prosecutor Grade-II secured 52 marks. ;