Rajasthan High Court - Jodhpur
Suman Devi vs State Of Rajasthan on 1 March, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1361/2021
1. Gopal Lal Gurjar S/o Shri Durga Lal, Aged About 35
Years, R/o Village Dewa Ka Khera, Tehsil Mandal, District
Bhilwara, Rajasthan.
2. Babu Lal Gurjar S/o Shri Ladu Lal Gurjar, Aged About 35
Years, R/o Village Khajuriya, Post Ghanj, Tehsil And
District Tonk, Rajasthan.
3. Dhara Singh Gurjar S/o Shri Heera Singh Gurjar, Aged
About 27 Years, R/o Shahadpur, Tehsil And District Dausa,
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner, District
Bikaner, Rajasthan.
3. The Secretary, Rajasthan Publice Service Commission,
Ajmer, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 1719/2021
Rajveer Singh Billa S/o Mali Ram Verma, Aged About 34 Years,
R/o Village And Post Raipura Via Ranoli, District Sikar (Raj.).
----Petitioner
Versus
1. The Rajasthan Public Service Commission, Ajmer Through
Its Chairman, Ajmer (Raj.).
2. The Director, Secondary Education, Bikaner.
----Respondents
S.B. Civil Writ Petition No. 1778/2021
Bhagirath S/o Shri Hapoo Ram, Aged About 36 Years, R/o
Chitalwana, Tehsil Chitalwana, District Jalore.
----Petitioner
Versus
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1. State Of Rajasthan, Through Secretary, Department Of
Education , Government Of Rajasthan, Secretariat, Jaipur.
2. The Director, Secondary Education, Rajasthan, Bikaner.
3. Rajasthan Public Service Commission, Rajasthan, Ajmer.
----Respondents
S.B. Civil Writ Petition No. 1891/2021
1. Suman Devi W/o Jagdish Chandra, Aged About 33 Years,
Vpo Deeplana, Tehsil Nohar District Hanumangarh.
2. Neha Sharma W/o Amit Kumar Mishra, Aged About 32
Years, 33, Sarvodaya Enclave, Govindpura, Jhotwara,
Jaipur.
3. Vijay Kumar Lodiya S/o Ramswaroop Lodiya, Aged About
31 Years, Ward No.1, Bairva Ki Dhani, Vpo Titariya, Tehsil
Chaksu District Jaipur.
4. Santosh Kumar Meena S/o Khemraj Meena, Aged About
27 Years, Vpo Rasidpur, Tehsil Mahva, District Dausa.
----Petitioners
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education (Gr.ii), Govt. Of Rajasthan, Secretariat,
Rajasthan, Jaipur.
2. Rajasthan Public Service Commission, Rajasthan, Ajmer
Through Its Secretary.
----Respondents
S.B. Civil Writ Petition No. 2023/2021
Ramswaroop Jat S/o Chhoga Ram Jat, Aged About 30 Years,
Kundiyas Tehsil Parbatsar, District Nagaur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary
Education Department Govt. Secretariat, Jaipur
(Rajasthan).
2. The Director (Secondary Education), Rajasthan, Bikaner
(Rajasthan).
3. Rajasthan Public Service Commission, Through The
Secretary, Ajmer
----Respondents
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S.B. Civil Writ Petition No. 2061/2021
Prema Ram S/o Shri Pokar Ram, Aged About 39 Years, R/o
House No. 58, Bhagat Ki Kothi Extension Scheme, Bhagat Ki
Kothi, Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Department
Of Education, Government Of Rajasthan, Secretariat,
Jaipur.
2. Rajasthan Public Service Commission, Through The
Secretary, Ajmer.
3. Director, Directorate Of Secondary Education, Bikaner.
----Respondents
S.B. Civil Writ Petition No. 2794/2021
Mahendra Singh S/o Shri Madan Singh, Aged About 32 Years,
R/o Plot No. 190, Shri Ram Nagar Colony, Behind Rto Office,
Jodhpur.
----Petitioner
Versus
1. Rajasthan Public Service Commission, Ajmer, Through Its
Secretary.
2. State Of Rajasthan, Through Director, Secondary
Education Rajasthan, Bikaner.
----Respondents
S.B. Civil Writ Petition No. 2386/2021
Priyanka Kameriya D/o Rajendra Singh Kameriya, Aged About
25 Years, R/o Plot No. 83-84 Sainik Basti, Nagaur, Tehsil
Nagaur, District Nagaur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary
Education Department Govt. Secretariat, Jaipur
(Rajasthan)
2. The Director (Secondary Education), Rajasthan, Bikaner
(Rajasthan)
3. Rajasthan Public Service Commission, Through Its
Secretary, Ajmer.
----Respondents
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S.B. Civil Writ Petition No. 2615/2021
1. Chandrabhan S/o Shri Kishori Lal, Aged About 27 Years,
R/o Village Akalkhora , Tehsil Osian , Distt. Jodhpur ,
Rajasthan.
2. Suresh Kumar S/o Prabhuram, Aged About 29 Years,
R/o Village Pratapnagar , Tehsil Dhorimanna , Distt.
Barmer , Rajasthan .
3. Kheta Ram S/o Shri Gaduka Ram, Aged About 31 Years,
R/o Village Siyani , Tehsil Ramwas , Distt. Barmer ,
Rajasthan .
4. Bhirma Ram Katariya S/o Shri Daya Ram Katariya, Aged
About 24 Years, R/o Katariya Krishi Farm , Naya Bera ,
Tiwari , Jodhpur , Rajasthan.
5. Surajmal S/o Shri Amra Ram, Aged About 30 Years, R/o
Santosh Taior , Sabji Mandi , Nehru Market , Bhinmal
Distt. Jalore, Rajasthan.
6. Meenakshi Tiwadi D/o Shri Ramswaroop, Aged About 30
Years, R/o New Light Colony , Behind , Telephone
Exchange , Bilara , Distt. Jodhpur , Rajasthan.
7. Bharat Singh Rajpurohit S/o Shri Jog Singh, Aged About
39 Years, R/o Village Badawas , Sankarna , Tehsil
Ahore , Distt. Jalore , Rajasthan
----Petitioners
Versus
1. The Raj. Public Service Commission, Through Its
Secretary , Ghughraghati , Jaipur Road, Ajmer.
2. The Secretary ,rajasthan Public Service Commission,
Ghughraghati , Jaipur Road, Ajmer.
3. The Joint Secretary, Rajasthan Public Service
Commission , Ghughraghati , Jaipur Road, Ajmer.
4. The Director, Secondary Education , Directorate ,
Bikaner.
----Respondents
S.B. Civil Writ Petition No. 2146/2021
1. Prem Lata Paliwal D/o Kanwar Lal Paliwal, Aged About
30 Years, R/o Ayushi Medical Agency, Daw Ki Dhani,
Gate No. 1, Pratap Nagar, District Jodhpur, Rajasthan.
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2. Chena Ram S/o Shri Karna Ram, Aged About 34 Years,
R/o Village And Post Rawar, Tehsil Bilara, District
Jodhpur, Rajasthan.
3. Tarachand Gurjar S/o Shri Karni Ram, Aged About 27
Years, R/o Balaji Ka Nada, Beri, Ward No. 8, District
Sikar, Rajasthan.
4. Chhotu Ram Gurjar S/o Shri Dhansi Ram, Aged About
36 Years, R/o Ward No. 6, Tehsil Udaipurwati, Manaksas,
District Jhunjhunu, Rajasthan.
5. Naga Ram S/o Shri Deva Ram, Aged About 27 Years,
R/o Village And Post Bhadwal, Tehsil Sanchore, District
Jalore, Rajasthan.
----Petitioners
Versus
1. The Rajasthan Public Service Commission, Through Its
Secretary, Ghughraghati, Jaipur Road, Ajmer.
2. The Secretary, Rajasthan Public Service Commission,
Ghughraghati, Jaipur Road, Ajmer.
3. The Joint Secretary, Rajasthan Public Service
Commission, Ghughraghati, Jaipur Road, Ajmer.
4. The Director, Secondary Education, Directorate, Bikaner.
----Respondents
S.B. Civil Writ Petition No. 2699/2021
Raghuvir S/o Shri Bhura Ram, Aged About 39 Years, R/o
House No. 413, Jato Ka Bas Area, Gram Panchayat Pichiyak,
Tehsil Bilara, District Jodhpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary,
Department Of Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. Rajasthan Public Service Commission, Through Its
Secretary, Ajmer, Rajasthan.
4. The Secretary, Rajasthan Public Service Commission,
Ajmer , Rajasthan.
----Respondents
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S.B. Civil Writ Petition No. 2881/2021
Santosh D/o Shri Bhura Ram Ramesha W/o Shri Parabat
Kumar, Aged About 34 Years, R/o C/o Ranglal Ji Iti Road,
Santpur, Abu Road, District Sirohi (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Secondary Education Department,
Through Its Principal Secretary, Govt. Secretariat,
Jaipur (Raj.)
2. Rajasthan Public Service Commissioner, Through Its
Secretary, Ajmer (Raj.)
3. Dy. Secretary, Exam Rajasthan Public Service
Commissioner, Ajmer (Raj.)
----- Respondents
S.B. Civil Writ Petition No. 2886/2021
1. Bhagwan Singh S/o Sher Singh, Aged About 29 Years,
R/o Village Pandith Ji Ki Dhani, Tehsil Osian, District
Jodhpur, Rajasthan.
2. Joita Ram Devasi S/o Amba Ram Devasi, Aged About
32 Years, R/o Rebariyo Ka Vas, Nainol, Jalore,
Rajasthan.
3. Bhajan Lal S/o Bhagirath Ram, Aged About 29 Years,
R/o 261, Vishaniyon Ki Dhani, Danta, Sarnau, Jalore,
Rajasthan.
4. Mansab Khan S/o Sanwat Khan, Aged About 38 Years,
R/o Village Beri Chhoti, Berikalan, Nagaur, Rajasthan.
5. Bhagwan Singh Parmar S/o Nathu Singh Parmar, Aged
About 37 Years, R/o Undkha, Barmer, Rajasthan.
6. Kapil Godara S/o Ramsingh Godara, Aged About 37
Years, R/o Village Godara Ka Bas, Post Ojtou, Tehsil
Chirawa, District Jhunjhunu, Rajasthan.
7. Santosh Kumar Meena S/o Chote Lal Meena, Aged
About 39 Years, R/o Adoli, District Alwar, Rajasthan.
8. Sita Ram Arya S/o Birdhi Lal Arya, Aged About 28
Years, R/o 184, Tejaji Ka Mohalla, Deepari Chambal,
Kota , Rajasthan.
9. Sandeep Yadav S/o Shrichand Yadav, Aged About 31
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Years, R/o Vpo Heerwa, Tehsil Buhana, District
Jhunjhunu, Rajasthan.
10. Vishnu Kumar Sharma S/o Ram Avatar Sharma, Aged
About 34 Years, R/o Vpo Parana, Tehsil And District
Tonk, Rajasthan.
11. Mamta Doon S/o Ram Gopal Doon, Aged About 29
Years, R/o Village Tejpura, Post Hanutiya, Via Amarsar,
Tehsil Sahapura, District Jaipur, Rajasthan.
12. Kaushal Singh Bhati S/o Nagendra Kumar, Aged About
30 Years, R/o 124, Sah Godam, Ayani , District Kota,
Rajasthan.
13. Vijay Singh S/o Rajpal, Aged About 31 Years, R/o
Nayasar, District Jhunjhunu, Rajasthan.
14. Ramgopal Meena S/o Badri Narayan Meena, Aged
About 27 Years, R/o Vpo Khora Meena, Tehsil Amer,
District Jaipur, Rajasthan.
15. Mahesh Chand S/o Nanak Chand, Aged About 29
Years, R/o Harsoli, Alwar, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Secretary, Education
Department, Govt. Of Rajasthan, Government
Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner, Rajasthan.
3. Rajasthan Public Service Commission, Through Its
Secretary, Jaipur Road, Ajmer, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 3036/2021
Vivek Kumar Labana S/o Shri Surendra Singh Labana, Aged
About 26 Years, R/o Village And Post Rathdhanraj,
Sajjangarh, District Banswara, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Secondary Education, Government Of
Rajasthan, Bikaner (Raj.)
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2. The Rajasthan Public Service Commission, Through
Secretary, Ajmer (Raj.)
3. The Deputy Secretary, Rajasthan Public Service
Commission, Ajmer (Raj.)
4. The Director, Secondary Education, Rajasthan, Bikaner
(Raj.)
----Respondents
S.B. Civil Writ Petition No. 2787/2021
Pukhraj S/o Shri Heera Ram, Aged About 26 Years, R/o
Bhalni , Distt. Jalor , Rajasthan .
----Petitioner
Versus
1. Rajasthan Public Service Comm. Ajmer, Through Its
Secretary .
2. State Of Rajasthan, Through Director , Secondary
Education Rajasthan , Bikaner .
----Respondents
S.B. Civil Writ Petition No. 1247/2021
Rakesh Vishnoi S/o Shri Raja Ram Vishnoi, Aged About 25
Years, R/o V.p.o. Alai, Teh. And District Nagaur.
----Petitioner
Versus
1. Rajasthan Public Service Commission, Ajmer Through
Its Secretary.
2. State Of Rajasthan, Through Director, Secondary
Education Rajasthan, Bikaner.
----Respondents
For Petitioner(s) : Mr. Kailash Jangid, Mr. M.S.
Shekhawat, Mr. Kuldeep Mathur, Mr.
Ramesh Kumar, Mr. S.S. Gaur, Mr.
Mukesh Mehriya, Mr. Chandraveer
Singh Shekhawat, Mr. Vikram Singh
Bhawla, Mr. Mahaveer Bishnoi, Mr.
Vijay Bishnoi, Dr. Nikhil Dungawat,
Mr. Mohit Singh Choudhary.
For Respondent(s) : Mr. Mahesh Thanvi, Mr. Vinit
Sanadhya, Mr. Vishal Jangid, Dy.GC.
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HON'BLE MR. JUSTICE ARUN BHANSALI
Order 01/03/2021 All these petitions pertaining to the recruitment to the post of Lecturer (College Education), the petitioners have questioned the validity of the answer key, model as well as final.
Learned counsel for the respondent-RPSC submits that in similar petitions filed at Jaipur Bench in Kamal Yadav v. State of Rajasthan & Ors. : SBCWP No.638/2021, decided on 07.02.2021, a Co-ordinate Bench of this Court has passed the orders, which are being followed by the RPSC and therefore, the present petitions may also be disposed of in light of and with the similar directions as given in the case of Kamal Yadav (supra).
Learned counsel for the petitioners have no objection. In the case of Kamal Yadav (supra), the Bench at Jaipur passed the following order :-
"1. Learned counsel for the petitioners has pointed out discrepancies in the final answer key. It is stated that in the model answer key, correct answer was mentioned and, therefore, there was no occasion for the petitioners to object to the model answer key. However, in the final answer key published by the RPSC, the answers which were mentioned in the model answer key have been changed resulting in wrong answer being included. An example has been given of Question No.72.
2. Learned counsel appearing for the RPSC has produced the copy of the expert opinion, however, this Court finds that the expert opinion does not contain experts of law.
3. In the case Vikesh Kumar Gupta & Anr. versus State of Rajasthan & Ors. (2020) 13 SCALE 689 the Supreme Court has held that High Courts ought not interfere with the examination process generally and as the Courts cannot be said to be expert body however, this Court finds that candidates were not given an opportunity to put their objections relating to the final answer key although as per them, their answers were correct as per model answer key. This aspect requires to be examined at the level of RPSC.
4. Leaving it open for the RPSC to examine the aspect and allow them to form a special expert committee consisting of experts in the field relevant.(Downloaded on 01/03/2021 at 09:03:12 PM)
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5. The present writ petition is disposed of. It is made clear that if there are other writ petitions wherein other questions have been put to challenge, the RPSC at its own level may examine the said aspect and take decisions appropriately.
6. Learned counsel for the respondent/s submits that complication relating to appointment may arise, if the result is revised. In the interest of justice in order to avoid any complications, the State would be well advised not to take decision to issue appointment orders for two weeks till the RPSC takes a decision as above.
7. All pending applications shall also stand disposed of."
In view of the submissions made, the writ petitions filed by the petitioners are disposed of with the similar directions / observations as given in the case of Kamal Yadav (supra).
(ARUN BHANSALI),J 29 to 35, 46, 49, 50, 51, 52, 53, 57, 140 & 141-Rmathur/-
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