Rajasthan High Court - Jodhpur
Swarup Singh Solanki vs State Of Rajasthan on 24 May, 2019
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Civil Writ Petition No. 18870/2018 Swarup Singh Solanki S/o Shri Nain Singh Solanki, B/c Ravana Rajput, Aged about 22 years, Resident Of Village Feench, Tehsil Luni, District Jodhpur.
----Petitioner Versus
1. State Of Rajasthan through the Secretary, Department Of Home Affairs, Secretariat, Jaipur.
2. The Director General Of Police, Jaipur - (Raj.).
3. Inspector General Of Police (Recruitement), Jaipur.
4. Police Commissioner, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati.
For Respondent(s) : Mr. Sandeep Shah, AAG.
Ms. Akshiti Singhvi.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Order
24/05/2019
This writ petition has been filed by the petitioner - Swarup Singh Solanki, inter alia, with the prayer that the respondents may be directed to 18.125 marks in Part 'C' of the Score Card in place of 11.0 marks which have been wrongly awarded pertaining to Rajasthan Police Constable Recruitment Examination Year 2018.
The dispute pertains to the recruitment to the post of Constable which was initiated pursuant to the advertisement dated 25.05.2018 under the Rajasthan Police Act, 2007 and Rajasthan Police Subordinate Service Rules, 1989.
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(2 of 3) [CW-18870/2018] When the petitioner was not declared successful, he had submitted an application under the Right to Information Act, 2005 to obtain the copy of the Score Card.
The learned counsel for the petitioner submits that on comparison of the OMR Sheet (Annex.5) and the Answer Sheet (Annex.6) published by the respondents, the petitioner found that answers to 40 questions of Part 'C' are correct and as every question is carrying ½ marks each, the petitioner is entitled for awarding of 20 marks in Pact 'C'. However, there is a provision for deduction of 1/8 marks for each incorrect answer as per the condition mentioned in the Advertisement. It is further submitted that for giving correct answers to 40 questions, the petitioner was entitled for 20 marks in Part 'C', however, for giving incorrect answers to 15 questions, deduction of 1.875 marks were to be made; and if the total marks deducted were subtracted out of the total marks, i.e., 20-1.875 = 18.125, then the petitioner ought to have been awarded 18.125 marks in place of 11.0 marks.
Mr. Sandeep Shah, learned Additional Advocate General appearing for the respondents - State has invited attention of this Court towards the additional affidavit filed by Mr. Kailash Singh Sandu, Additional D.C.P. Headquarters, Jodhpur pursuant to the order of this Court dated 26.03.2019. Mr. Sandeep Shah has also referred to Annexure-A/1 appended to the aforesaid additional affidavit and submit that in Section-C, there are 0.125 each marks have been communicated against the Questions No. 100 to 119. It is also submitted that the the work of examination on behalf of the State has been conducted the Consultancy Service, who admitted that since the OMR Sheets were verified by the computer system, probably for the double bubble impressions in the OMR (Downloaded on 28/06/2019 at 06:26:03 AM) (3 of 3) [CW-18870/2018] Sheet of the petitioner, the machine has not treated the answer submitted by the petitioner as correct and, therefore, 0.125 each marks have been given to the petitioner for Questions No. 100- 119. In view of the above, the present writ petition is disposed of, with a direction to the respondents to rectify the OMR Sheet of the petitioner for Questions No. 100 to 119 of Section 'C' and issue the fresh Score Card in his case; and if the petitioner is found to have obtained more marks than the cut-off marks in his category, he may be considered for appointment with effect from the date the candidates below in the merit list were appointed, however, the petitioner would be entitled to only notional benefits for the intervening period.
Compliance of this order be made by the respondents within a period of two months from the date of receipt of the certified copy of this order.
The writ petition stands disposed of accordingly.
(MOHAMMAD RAFIQ),J 100-Mohan/-
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