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Showing contexts for: Subsequent selection process in Dr. Rachita Mathur Wife Of Dr. Rishabh ... vs The State Of Rajasthan on 10 January, 2025Matching Fragments
CONCLUSION
30. In precise it can be noted that, the impugned advertisement did not specify the method of examination and the bifurcation of marks; that the respondent-RPSC has acted dehors the settled position of law, omitting to follow the judicial guidelines as enunciated in the dictum of Ajay Hasia (supra), Ashok Kumar Yadav (supra) and Praveen Singh (supra); that the respondents have violated the provisions of Rule 19 of the Rules of 1962 and have wrongly interpreted the post-amended provisions of the same; that as the amended in the Rule 19 of the Rules of 1962 was procedural in nature and the same was made in consonance of the opinion formulated by the State Cabinet, the same shall have a retrospective effect; that the respondents in subsequent selection processes that was conducted for intake on the post of Operational Therapists, 2022 and Hospital Caretaker, 2022 vide advertisements dated 12.05.2022 and 23.05.2022 respectively, have applied the retrospective operation of the notification dated 23.05.2022; that the respondents have themselves admitted the fact (in the affidavits) that they have implemented the obsolete conditions of the previous advertisement to the instant advertisement changing (37 of 38) [CW-15018/2024] the rules of the game mid-way; that upon a perusal of the records qua the erstwhile three recruitment processes it is observed that the respondent-RPSC has neither followed the directives of the Hon'ble Supreme Court nor have maintained the records in a transparent and reasonable manner, moreover, the experts who were a part of the interviewing board were addressed to as "advisors or assistants"; that this Court while considering the dictum passed in Asha (Supra) is of the view that the sole basis of selection of a candidate in any selection process whether it be any Medical College entrance examination or any public recruitment examination shall only be the merit scored by the candidate. The most efficacious way to examine the intelligence of the candidate is a written examination accompanied by the interview and in any circumstances the written examination cannot be substituted by the interview.