rajsthan high court order for 2 nd grd 2011 revised result S.B. Civil Writ Petition No.3541/2014 & Others connected matters1IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No.3541/2014 Pooja Sharma vs. RPSC, Ajmer & Ors. with S.B. CivilWrit Petition No.5406/2013 Ravi Shankar Samota & Anr. vs. RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.5865/2013 Vishal Jindal & Anr. vs. RPSC, Ajmer & Ors. with S.B.Civil Writ Petition No.15784/2013 Mohan Lal Yadav & Ors. vs. RPSC, Ajmer & Ors. with S.B.Civil Writ Petition No.15785/2013 Satya Narain Meena & Ors. vs. RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.15787/2013 Harphool Marodia & Ors. vs. RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.16220/2013 Suresh Kumar Badsar vs. RPSC, Ajmerwith S.B. Civil Writ Petition No.19916/2013 Deepak Khandelwal & Anr. vs. RPSC, Ajmer &Ors. with S.B. Civil Writ Petition No.312/2014 Ashwani Kumar vs. RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.1371/2014 Balbir Singh vs. RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.2088/2014 Satnam Arora vs.RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.2107/2014 Satya Narayan Koli vs. RPSC, Ajmer & Anr. with S.B. Civil Writ Petition No.2519/2014 Sanjay Choudhary vs.RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.3120/2014 Mukesh Kumar vs. RPSC, Ajmer & Ors. with S.B. Civil Writ Petition No.10690/2014 Kavita Sharma vs. RPSC, Ajmer & Ors.S.B. Civil Writ Petition No.3541/2014 & Others connected matters2Date of Order :: 24/11/2014 Honble Ms. Justice Bela M. Trivedi Mr.Vigyan Shah, Mr. Ram Pratap Saini, Ms. Anita Saini, Mr. Arvind Kumar Arora, Mr. Mahendra Sharma & Mr. Sudarshan Laddha for the petitioner Mr. S.N. Kumawat, Mr.Shantanu Kumawat, & Mr. Shyam Arya, AAG, for the respondents. ORDER BY THE COURT : 1. All these petitionspertain to the recruitment to the post of TeacherGrade II for the subjects Science, English andHindi made on the basis of the examinations conducted by the respondents pursuant to the advertisement dated 1/5/2011 as amended on 24/2/2012 issued by them. Hence, they were clubbed together with the consent of the learned counsels for the parties and are being disposed of by this common order. 2. It appears that the examinations were held by the respondent-RPSCpursuant to the advertisement dated 1/5/2011, as amended on 24/2/2012, for all the subjects i.e. Mathematics, Science, English, Hindi and Social Science for the said post of Teacher Grade II. The first part of the question paper for each of the said subjects pertained to the common subject General Knowledge. The results were declared by therespondent RPSC on 6/3/2012 for all the fivesubjects. Being aggrieved by the said result declared on 6/3/2012, some of the candidates, who had appeared in the respective subjects, had approached this Court by filing various petitions i.e. S.B. Civil Writ Petition Nos.10878/12, 12467/12, 1256/12 etc. on the ground that the said results were prepared on the basis of wrong questions and wrong answers. The said petitions were disposed of by the Court,S.B. Civil Writ Petition No.3541/2014 & Others connected matters3directing the petitioners to make representation to the respondents giving details of the questions having wrong answers. However, in the meantime, the RSPC recommended the names of the selected candidates in all the five subjects, and the respondent-Education Department issued appointment orders in three subjects, namely, Hindi, English and Science on 16/9/2012. 3. So far as other two subjects i.e. Social Science and Mathematics wereconcerned, the respondents issued revised result on 20/9/2012 on the basis of the corrected model answer keys of the said subjects as well as of the General Knowledge. The said result of Social Scienceand Mathematics came to be challenged by the candidates, who were earlier selected, but were ousted on account of the revised result dated 20/9/2012 by filing various petitions i.e. S.B. Civil Writ Petition No.15638/12, 15609/12 and others on the ground that the disputed questions and answers on the basis of which the revised result was prepared were still incorrect. This Court disposed of the said writ petitions vide the order dated 15/12/2012, and directed the respondent-RPSC to declare the results afresh after taking intoconsideration the experts report for the subjects Social Science and Maths. Since the paper of General Knowledge was common in all the question papers of other subjects also namely, Science Hindi and English, the respondent-RPSC had agreed to declare revised results of all the subjects. However, pursuant to the said order dated 15/12/2012, the respondentRPSC declared the revised result for the said subjects Social Science and Mathematics only on 20/09/2012. 4. In the meantime, the order dated 15/12/2012 passed by the SingleS.B. Civil Writ Petition No.3541/2014 & Others connected matters4Bench came to be challenged before the Division Bench and the Division Bench by theorder dated 22/4/2013 set aside the said order dated 15/12/2012 passed by the Single Bench. The said order dated 22/4/2013 passed by the Division Bench came to be challenged before the Apex Courtby filing SLP No.17840 of 2013 and others. The Apex Court vide order dated 11/11/2014disposed of the said SLPs by holding that it was the third list prepared on the basis of theorder passed by the Single Bench, which would carry due sanctity and authenticity, and directed the RPSC to give appointments for the subjects Social Science and Mathematics on the basis of the said third list. The Apex Court exercising the powers under Article 142 of the Constitution also directed that the excess number of candidates for Social Science and Mathematics would be appointed against theavailable vacancies. 5. It further appears that in the meanwhile the respondent-RPSC hadissued the revised answer keys for the subject Science on 29/4/2013, for the subjects Hindi & English on 8/7/2013 and General Knowledge on 22/11/2013. The grievance of the present petitioners in the present set of petitions is that despite issuance of the revised answer keys for thesubjects Science, Hindi and English, the respondent RPSC has not declared the revised results, and has not sent the select list to the respondent department for the appointments to the post of Teacher Grade II for the subjects Science, Hindi & English. However, one of the contentions raised by the respondent-RSPC is that since the issue with regard to the order dated 15/12/2012 passed by the Single Bench and the other order datedS.B. Civil Writ Petition No.3541/2014 & Others connected matters522/4/2013 passed by the Division Bench were under consideration before the Apex Court, the revised results for the subjects Science, Hindi & English were not declared. 6. It is submitted by the learned counsel Mr. S.N. Kumawat for therespondent-RPSC that since the SLPs have been disposed of by the Apex Court by order dated 11/11/2014 after giving directions, the preparation of the revised results for the subjects Science, Hindi and English is under process and would be declared as early as possible, and that the appointments would also be given as per the merit list after necessary approval from the respondent-Department. The learned counsel for the petitioners have also no objection, if the necessary directions for the declaration of the revised results and revised merit lists are issued to the respondents, however they have submitted that while preparing the meritlists and giving appointments due regard should be had to the orders passed by this Court and the Apex Court in similar cases in order to avoid future litigations. 7. Having regard to the aforestated facts and circumstances and also tothe submissions made by the learned counsels for the parties, and having regard tothe recent order passed by the Apex Court in SLPs No. 17840 of 2013 and others with regard to the subjects Social Science and Mathematics, it emerges that the respondent-RPSC is required to prepare the revised merit lists for the subjects Science, Hindi & English on the basis of the corrected revised answer keys already prepared by it, and
Posted on: Sun, 07 Dec 2014 11:43:41 +0000
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