- (1.) THE petitioner, after having unsuccessfully participated in the recruitment process for appointment to the post of Physical Teacher Instructor (for short 'PTI') Grade -III, in response to advertisement dated 14th December, 2011; has approached this Court praying for the following relief(s): - i) by an appropriate writ order or direction the respondents may kindly be directed to allow petitioner to peruse and supply the Paper Book, OMR sheet and answer key of all the paper to the petitioner vide Roll No.700014 of PTI Grade -III Exam -2011 forthwith and if there is any discrepancy in the said documents i.e. paper Book, OMR sheet and answer key then the evaluation of the same may be done and declare the afresh result; III) by an appropriate writ order or direction the respondents be directed that if the petitioner marks are found in the merit list then she may be given opportunity in further process of selection for appointment on the post of PTI Grade -III under OBC category. IIIi) Any other order which this Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised herein are that in the result declared by the respondent -Commission (RPSC) on 16th May, 2012, for the post of PTI Grade -III -Examination 2011; the petitioner was declared unsuccessful. It is pleaded case of the petitioner that according to his assessment, he must have secured more than 300 marks in the written examination. In response to an application preferred under the provisions of the Right to Information Act, 2005 (for short 'the Act of 2005'), the respondent -Commission informed that the answer key of the examination was available on the website of the respondent -Commission. However, no details of the questions with correct answers was furnished and the petitioner was also not furnished with the copies of the questions and the answer -sheets.
(3.) THE action of the respondent -Commission has been assailed for being in violation of the principles of natural justice and fair play. Since the petitioner has not been allowed to peruse the paper book, OMR sheet and the answer key of the examination involved herein; the action is also stated to be arbitrary, malafide and capricious. The action has also been assailed as violative of the mandate of Article 14, 16 and 19 of the Constitution of India as well as law declared by the Hon'ble Apex Court of the land in the case of Central Board of Secondary Education and Anr. versus Aditya Bandopadhyay and Ors. in Civil Appeal Number 6454/2011 decided on 9th August, 2011. None appeared on behalf of the petitioner on 27th February, 2015. However, in the interest of justice and to afford yet another opportunity of hearing to the petitioner/counsel, the matter was adjourned to 13th March, 2015, with a clear understanding that if none appeared on the next date, the matter would be proceeded with on the basis of the pleadings of the writ application, including proceedings ex -parte. On 16th March, 2015, the matter was deferred since the counsel were abstaining from work before the Courts in the wake of call by the State Bar Council and Bar Council of India.;