Rajasthan High Court - Jaipur
Ram Ratan Meena And 25 Ors. vs State And Rpsc on 23 May, 2008
Author: Ajay Rastogi
Bench: Ajay Rastogi
ORDER 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.
3. 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 wherver 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, prorata 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".
4. 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 transpiracy 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.
5. Counsel for petitioners further submit that even while their result of preliminary examination was declared, individual raw marks of compulsory papers (General Knowledge & General Science) and so also of optional papers have not been disclosed individually whereas raw marks of compulsory (+) scaled marks of optional papers have been made available at their website; as such petitioners were not made aware of what were their individual raw marks in both the papers and how much raw marks after being scaled in their optional papers have been secured.
6. Counsel for respondent RPSC submits that he has been instructed to say that as regards raw marks of individual paper of applicants/ petitioners who have appeared in preliminary examination, alongwith scaled marks will be available at their website through which all applicants can take their result. Counsel for respondent RPSC further submits that if answer key is published, it will certainly open pandora box, which is not possible for RPSC at this stage to make individually known of marks to large numbers of candidates appeared in instant examination.
7. The RPSC is constitutional body and recruiting agency of State Govt. Transparency in its working system is a minimum requirement which can not be ruled out. After Right to Information Act, 2005 has been enacted with an object to promote transparency and accountability in the working of every public authority, however, it is always expected that when almost more than two lac applicants have participated in preliminary examination, they must know about their performance and how much they have secured and if failed to achieve cut-off marks fixed by RPSC, can prepare for next examination - which is the only method by which one can improve himself.
8. In the absence of publication of answer keys it always keept an applicant in the state of confusion since these are all objective type questions and at the same time, when there is a negative marking and certain questions were incorrect and "series code" was not mentioned in their OMR sheet of optional paper, in such state of affair, if answer keys are published, applicant can evaluate his actual marks which can be tallied with the marks disclosed by RPSC.
9. In CWP-4485/2008 it has been brought to the notice that other State PSCs like Uttar Pradesh, Mahrahstra, Karnataka & Kerala, all have made available answer key of preliminary examination and other examinations, as well but Counsel for RPSC submits that there is no such practice atleast in Rajasthan to declare the same but at the same time, Counsel is not able to show, if there is any statutory bar in not disclosing answer key under PSC regulations or rules.
10. Since petitions after petitions are coming before this Court and applicants are raising their grievance only on account of the fact that answer keys have not been published, on account of which they remained in total confusion and not made aware of their performance which has been examined and to what extent, it requires to be re-examined by them. This Court finds substance that if answer keys are published, to large extent, confusion created in the minds of large numbers of applicants can be ruled out and that is the only way of transparency & accountability in the system of RPSC in holding examinations.
11. Since number of issues have been raised thus, these petitions for further considerations, this Court considers it appropriate to direct respondent RPSC to publish answer key of preliminary examination, 2007 within two weeks and to the extent as already consented upon by respondent-RPSC's counsel for raw marks of both the papers and scaled marks of optional papers be made available at their website, so that every applicant appeared in instant examination may get their performance evaluated at its own.
12. List along with CWP-4167/08, 3888/08, 3502/08, 4670/08, 3499/08, 3291/08, 3713/08, 2946/08, 3728/08, 3694/08, 2913/08, 4061/08, 4247/08, 4619/08 & 4485/08 for final disposalafter vacations.