BHANWAR LAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-3-4
HIGH COURT OF RAJASTHAN
Decided on March 03,2014

BHANWAR LAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

GOPAL KRISHAN VYAS, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the technique of modernisation if applied by the RPSC while awarding the marks in the main examination of RAS 2012 and to direct the respondent Rajasthan Public Service Commission to revise the result of the RAS Main Examination 2012 accordingly and further prayed that the respondent Rajasthan Public Service Commission may be directed to disclose the raw marks of the petitioner and if the marks obtained by the petitioner is lower than 680 to 700, then, expert committee may be constituted to evaluate the answer -sheets of the petitioner for subjects Sanskrit -I & II, History -I and II and General Hindi of the RAS Main Examination 2012. It is also prayed that the increase of posts by the Rajasthan Public Service Commission after declaration of result of RAS Main Examination 2012 may be quashed.
(2.) AS per facts of the case, the petitioner is possessing qualification of B.A. (Hons.) with Ist Division and also M.A. (Sanskrit) in Ist Division and, at present, he is serving as teacher in the Government Sanskrit School, Nandanvan, Chopasani Housing Board, Jodhpur. The petitioner applied for appearing in the competitive examination of State Service in pursuance of advertisement dated 06.02.2012 being in -service candidate. As per the scheme of appointment, preliminary examination was conducted, in which, the petitioner was declared successful he was allowed to appear in the RAS (Main) Combined Competitive Examination 2012 under Roll No.868148. The main examination was held in the month of June 2013 and result thereof was declared in the month of January 2014 but the petitioner was not declared qualified for the post and marks -sheet was made available on the website of the Rajasthan Public Service Commission which is placed on record as Annex. -5. The cut -off marks for the main examination for the OBC (Male) category was shown as 593 and petitioner got 576 (scaled) marks, therefore, he was declared unqualified to appear in interview. In the writ petition it is pleaded that number of posts are increased after declaration of the result of the main examination whereas as per the rules and conditions of the advertisement itself the respondents cannot increase the number of posts after declaration of the result of the preliminary examination. The Rajasthan Public Service Commission declared candidates successful in the preliminary examination in the ratio of 1:15; but, after declaration of final result posts are increased which is evident from document Annex. -7, the information published by the respondent Commission dated 27.02.2014 on official website, therefore, action of the Rajasthan Public Service Commission is illegal.
(3.) THE petitioner stated in the writ petition that after perusing the marks -sheet it is revealed that 576 scaled marks have been awarded without disclosing raw marks. As per petitioner he was expecting 680 ­ 700 raw marks whereas in the marks -sheet only 576 (scaled) marks were shown and purposely raw marks are not disclosed while publishing result because the formula of scaling and adoption of moderation technique for awarding marks are illegal and contrary to law.;


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