DEEPIKA Vs. STATE AND ORS.

JUDGEMENT

(1.) PETITIONER had participated in process of selection initiated by Rajasthan Public Service Commission for the post of Lecturer (School Education) pursuant to advertisement No. 1/2008 -09/dt.10/05/2008 and after having qualified in screening test, were called for interview but could not be finally selected, have approached by way of instant petitions.

(2.) MAIN grievance for filing of instant petition is that under Scheme of Rules, 1970, State Government made amendments in existing Rr.16, 18 & 19 by which Rr.18A, 18B & 19A were added in Rules of 1970 vide notification dt. 01/04/1998 and in terms of R.19A, such candidates having obtained minimum qualifying marks in written examination as may be fixed by the PSC in their discretion are to be summoned for interview and taking assistance thereof, main thrust of Petitioner is that written examination held by the PSC is a part of selection process held pursuant to advertisement impugned herein and the marks obtained therein by individual applicant are to be added to the marks obtained by them in (School Lecturer) process of interview to be considered for preparation of final select list but R.19A of Rules, 1970 being added vide amendment notification dt.01/04/1998 has not been looked into and taken note of by the PSC while publication of final select/merit list and their action being in contravention of Scheme of Rules, 1970, select list prepared by PSC, itself, deserves to be set aside, and the PSC may be commanded to prepare fresh select/merit list of all the applicants participated in process of selection impugned herein after taking note of their marks obtained in written examination held in the form of screening test & interview - in absence whereof, action of Respondent -PSC is wholly arbitrary being in violation of Article 14 of the Constitution of India and also of R.19A of Rules, 1970. However, it has not been disputed by Counsel that the controversy involved in the present petition has been finally decided by this Court vide judgment pronounced today on 03/12/2010 in Civil Writ Petition No. 9283/2010 (Satya Narain Gupta v. State and Ors) with the following observations:

(3.) A Division Bench of this Court in Smt. Usha Sharma v. State (supra) had an occasion to examine Rule 19 of Rules, 1970 and has also taken note of Clause. IV (supra) stipulated in advertisement for holding screening test and taking note of decision of Apex Court in State of Punjab v. Manjit Singh, 2003 (1) SCC 559 observed ad infra: