Vineet Kothari, J. - (1.) WHETHER scaling, a statistical tool for evaluation of marks, could be applied to the RAS Examination, 2012 conducted by the RPSC and if in law it could so applied, whether it was rightly applied to the said examination or not is the question which is raised before this Court in the present set of writ petitions.
(2.) THE unsuccessful candidates, who as per the result of the said examination of 2012 declared on 27/1/2014 by RPSC before final interviews could be held, are before this Court in the present set of writ petitions in the second round & are being decided today on 26th November, which is incidentally the Law Day of our Country, as once these writ petitions were already decided by a coordinate bench of learned Single Judge of this Court on 3/3/2014 against which in an intra court appeal filed by the RPSC before the Division Bench, the Division Bench vide order dated 28/7/2014 remanded the cases back to the learned Single Judge for redeciding these writ petitions for the reasons assigned by the Division Bench in its order dated 28/7/2014 while disposing of D.B. Civil Special Appeal (Writ) No. 513/2014 - Rajasthan Public Service Commission v. Bhanwar Lal. In a nutshell, the learned Single Judge had quashed the result declared by the RPSC for the said examination on 27/1/2014 holding that the scaling method could not be applied by the RPSC for evaluation of the marks of the candidates in view of the decision of Hon'ble Supreme Court in the case of Sanjay Singh v. U.P. Public Service Commission - : (2007) 3 SCC 720 and directed the RPSC to declare the result afresh on the basis of raw or actual marks obtained by the candidates and not the scaled marks and the learned Single Judge also held that the increased vacancies communicated to the Commission by the State Government vide its communication dated 11/10/2012 shall not be included in the present selection, since before the said communication, an amendment was made in the relevant Rules of 1999 vide Notification dated 31/7/2012 and, therefore, such additional vacancies could be filled -in only as per the amended Rules and not as per the unamended rules operating prior to such amendment dated 31/7/2012.
(3.) THE Division Bench of this Court while allowing the intra court appeal, however, held that the judgment of Hon'ble Supreme Court in the case of Sanjay Singh (supra) did not completely ban the application of scaling method for evaluation of the marks and though such method could be applied in certain situations, the same was fraught with certain pitfalls or discrepancies and since these pitfalls were not examined by the learned Single Judge earlier, therefore, the case deserved to be remanded and the Division Bench following the previous Division Bench judgment of this Court in the case of Jai Singh & Ors. v. State of Rajasthan - : 2011 (2) WLC Raj. 46, in which earlier Division Bench of this Court was concerned with the RAS Examinations of 2007, held that under the provisions of the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules 1999 (for short, the Rules of 1999), in which the application of scaling method to the preliminary examination of the said examination of 2007 was under challenge, held that it could be so applied and, therefore, while remanding the case, the Division Bench in its order dated 28/7/2014 heavily relied upon the previous decision of the Division Bench in the case of Jai Singh's case (supra).;