- (1.) The issue in both the writ petitions is with regard to safeguarding the petitioners appointment as LDCs pursuant to the advertisement dated 17.5.2011 issued by the Rajasthan Public Service Commission (hereinafter 'the RPSC'). The facts of S.B. Civil Writ Petition No. 6396/2015 are however being considered for comprehending the dispute before this Court.
(2.) It appears that pursuant to the result first declared by the RPSC on 3.9.2012, the petitioner was found to have secured 40% marks in each of the papers in Phase-I with an aggregate to render him meritorious for appointment as LDC. He was so appointed.
(3.) On objections to the result of 3.9.2012 under which the petitioner was appointed as LDC, the model answer key was apparently revised and re-evaluation done by RPSC. Thereon revised result of LDCs was declared on 25.9.2013. The petitioner was found not to have obtained 40% marks in each of the paper of Phase-I examination in issue which was conducted in two phases. The petitioner apprehensive of the consequences of the revised result where he had not secured 40% marks in Paper-I of Phase-I, filed writ petition No. 7675/2014. Counsel for the petitioner did not appear before the Court when the writ petition was called out on 9.7.2014. The Court, however, even in the absence of counsel passed the following order: "None present for the petitioner It is contended in the writ petition that the issue involved in the writ petition is covered by the Judgment of this Court in Devendra Singh Chouhan Vs. RPSC, S.B. Civil Writ Petition No. 2608/2012 decided vide judgment dated 2.4.2012. In view of above, petitioner is set at liberty to make a representation to the respondent No.1- Secretary, Department of Personnel, Government of Rajasthan along with copy of aforesaid judgment in Devendra Singh Chouhan, supra, who shall consider and decide such representation within two months from the date of its making in the light of aforesaid judgment. The writ petition is disposed of. The stay application also stands disposed of.";