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Supreme Court - Daily Orders

Komal Soni vs The High Court Of Judicature For ... on 28 April, 2022

Bench: M.R. Shah, B.V. Nagarathna

                                                          1

     ITEM NO.12                                 COURT NO.12                        SECTION XV

                                     S U P R E M E C O U R T O F            I N D I A
                                             RECORD OF PROCEEDINGS
     Petition(s) for Special Leave to Appeal (C)                            No(s).    8128-8129/2022
     @ D. No. 12639/2022
     (Arising out of impugned final judgment and order dated 12-04-2022
     in DBCWP No. 4676/2022 08-04-2022 in DBCWP No. 2253/2022 passed by
     the High Court Of Judicature For Rajasthan At Jaipur)
     KOMAL SONI                                                                    Petitioner(s)

                                                       VERSUS

     THE HIGH COURT OF JUDICATURE FOR RAJASTHAN & ANR.                             Respondent(s)
     (FOR ADMISSION and I.R. and IA No.62823/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.62822/2022-EXEMPTION FROM
     FILING O.T. and IA No.62821/2022-PERMISSION TO FILE PETITION (SLP)

     WITH
     SLP(C) No. 7820-7823/2022 (XV)
     (FOR ADMISSION and I.R. and IA No.63221/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 28-04-2022 These petitions were called on for hearing today.
     CORAM :                   HON'BLE MR. JUSTICE M.R. SHAH
                               HON'BLE MRS. JUSTICE B.V. NAGARATHNA
     For Petitioner(s)                   Ms.   Shobha Gupta, AOR
                                         Mr.   Vidit Agarwal, Adv.
                                         Mr.   Nishant Bahuguna, Adv.
                                         Mr.   Rajendra Panigrahi, Adv.
                                         Ms.   Sakshi Tiwari, Adv.
                                         Ms.   Prachi Sharma, Adv.
                                         Mr.   Shubham Jalan, Adv.

                                         Mr. Sarthak Ghonkrokta, AOR
     For Respondent(s)

                            UPON hearing the counsel the Court made the following
                                                 O R D E R

Permission to file the Special Leave Petition(s) is granted. We have heard the learned counsel appearing for the respective Signature Not Verified Digitally signed by R petitioners at length.

Natarajan

Date: 2022.04.29 17:24:40 IST Reason:

Learned counsel for the respective petitioners have pointed out the hardships which may be caused to the individual 2 petitioners. It is their case that the respective petitioners will be short by only 1-3 marks. However, considering the individual hardships, the grace marks, as prayed, cannot be allowed. In the present case, there were some discrepancies in some of the questions and the answers found and therefore the matter was referred to the Expert Committee. The Expert Committee submitted the report and proposed the deletion of four questions. Therefore, when a conscious decision was taken thereafter by the High Court, relying upon the report submitted by the Expert Committee, and the four questions were deleted, we see no reason to interfere with the same. The objections raised by the individuals have been dealt with in extenso by the Expert Committee and only thereafter it was suggested to delete four questions.

In that view of the matter, as such, we see no reason to interfere with the impugned judgment and order(s) passed by the High Court. The Special Leave Petitions stand dismissed. However, before parting, we may caution the High Court that in future whenever the examination of the Civil Judges is conducted, great care and caution should be taken by the High Court and by the Settler of the examination papers and also the answer keys so that the situation which has arisen in the present year and which had occurred in the earlier examinations also may not occur and the candidates, who are aspiring for the post of Civil Judge, may not have to suffer.

We direct the Registry to send a copy of this order to the Registrar General of the High Court, who shall place this order before the Chief Justice of the Rajasthan High Court as well as 3 before the Chairman of the Recruitment Committee so that such occurrence may not happen again in future and the candidates are not put to any difficulty.

Pending applications stand disposed of.

(R. NATARAJAN)                                         (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS                                  BRANCH OFFICER