HARI SINGH Vs. RPSC

JUDGEMENT

(1.) All these petitions since involve identical controversy were heard together and are being disposed of at admission stage by present order. Common issue raised is as to whether if an error has been committed by paper setter while indicating correct answer to a question set up by him, can the petitioner/applicant who has opted correct answer can be deprived of marks to which he is entitled for in an open selection held by Rajasthan Public Service Commission ("PSC"); in absence whereof, has not succeeded in empanelment of his name in select list seeking public employment.

(2.) A brief resume of facts culminating into filing instant petition reveal that the PSC issued advertisement dt.20/06/2008 (Ann.1) for holding selection for the post of Teachers Gr.III in Sanskrit Education Department and General Primary & Upper primary School against total 2916 vacancies - pursuant to which, 3.80 lacs applications were received; accordingly, written test was conducted on 22/07/2009 wherein 2,63,445 candidates appeared - result of examination for Teacher Gr.III (General) in Primary & Upper Primary Schools was declared on 22/09/2009 while that of Teacher Gr.III (Sanskrit) was declared on 02/10/2009. Last cut off marks in respective category published by PSC at the time of filing of petitions was disclosed vide document dt.22/09/09 (Ann.5) but that has been further notified vide communication dt.30/04/2010 - according to which select list has been finalised for appointment thereto.

(3.) Present petitioners applied for the post of Teacher Gr.III (General) in Sanskrit Education and as per last cut off marks with date of birth declared by PSC at the time of filing petitions, remained unsuccessful; however, there may be changes in regard to few petitioners on account of lowering last cut off marks published on 30/04/2010.