Ajay Rastogi, J. - (1.) IN course of arguments made at the bar for some times, this Court passed a detailed order dt.12/05/08 directing respondent Rajasthan Public Service Commission ("RPSC") to file affidavit - in pursuance whereof, affidavit has been filed by RPSC, counter thereto has also been filed by petitioners alongwith certain documents.
(2.) BASIC question raised by petitioners herein is that since there was no "series code" mentioned in OMR sheets in RAS (Prel) Examination, 2007, to be more particular in their optional papers and at the same time, there has been negative markings and some of applicants/ petitioners have mentioned their "series code" and some of them forgot to mention it, which has substantially caused prejudice to them. That apart, further grievance is that there are certain wrong questions or their answers are incorrect - few examples whereof have been referred to by petitioners, to which the RPSC to some extent, in its reply has admitted that wherever there are wrong questions or answers, benefit whereof has been extended and pro -rata marks have been increased in relation thereto in such cases. But, how many questions are wrong in which of optional papers, and in what manner, pro rata marks have been increased, moreso when there is a negative marking adopted by RPSC ? Counsel for RPSC has brought to the notice that time and again, instructions have been issued to invigilators for calling every applicant to mention their "series code" on OMR sheet and at the same time, most of applicants/petitioners have mentioned their "series code".
(3.) COUNSEL for petitioner has brought to the notice that in other States Public Service Commission, answer key of preliminary examination, are published, that alone can rule out and bring transparency in the working of the RPSC, and at the same time, satisfy each of applicants to know his fate of his efforts made in appearing preliminary examination and as to where he stands by computing total marks as per answer -key in comparison to questions which he has attempted and non - disclosure of answer key, is creating lot of confusion in the mind of petitioners and as there are wrong answers in few optional papers as admitted by the RPSC, certainly this fact cannot be ruled out that prejudice to some extent has been caused to petitioners.;