Veerender Singh Siradhana, J. - (1.) IN response to advertisement dated 13th August, 2008 issued by the Rajasthan Public Service Commission (hereinafter referred to as the 'RPSC', for short), for direct recruitment to the post of Teacher Grade -II, the petitioner submitted his application for consideration of his candidature for appointment for the post under Code 50 for the subject of Social Science. Out of 170 vacancies advertised for the subject of Social Science, 33 vacancies were reserved for Other Backward Classes ('OBC', for short) category. The petitioner participated in the examination with Roll No. 754507. The question paper consisted of 150 questions of objective type in 4 different series as "A", "B", "C" and "D" with multiple options as answers. Objective type questions were formulated with multiple options. The process contemplated 1/3 part of the marks of each questions to be deducted for each wrong answer. The respondent -Commission declared the result on 24th June, 2011, indicating cut off marks for Social Science subject for OBC category as 305.45 whereas the petitioner secured 304.08 marks, as a consequence, the petitioner was not selected.
(2.) IT is pleaded case of the petitioner that the respondent -Commission did not issue the answer key of the said examination whereas it has been a practice of the respondent -Commission to declare the answer key so that the candidates may verify the result from the options. According to the petitioner, question No. 132 of Series "C" for the paper of Social Science was a wrong question, and therefore, he preferred SBCWP No. 10095/2011 (Ram Ratan Yadav Vs. RPSC & Ors.), questioning the action of the respondent -Commission in not disclosing the answer key of the examination. In response to the notice of the writ application, the respondent -Commission, in their counter affidavit stated that question No. 132 of Series "C" has been deleted from computation as the same was found disputed, however, no reasons for not disclosing the answer key were pleaded. This Court taking the note of the fact that the answer key was not disclosed and further that the respondent -Commission itself admitted certain questions to be disputed; disposed of the writ application, of the petitioner, on 19th December, 2011, in view of the subsequent developments, reserving liberty to the petitioner for inspection of answer key and to address a representation.
(3.) THE petitioner after inspection of the answer key, addressed a representation to the respondent -Commission with reference to question No. 41 and 71 of series 'C', which were wrongly assessed. In support of his plea, while assailing the question No. 41, as wrongly assessed, the petitioner detailed out the reasons, which were corroborated by the authentic publication approved by the Government of India and Government of Rajasthan. While contending his answer to be correct as to question No. 71 of series 'C' is the District with highest number of Muslim population, out of four options provided, the petitioner submitted report of Census Department indicating 'Ajmer' as the correct District (option) rather than 'Jaisalmer'.;