JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -In these writ petitions a common question has been raised as to whether the Rajasthan Public Service Commission could have resorted to the method of scaling of the marks in Combined Competitive Examination for State and Subordinate Service, 2007 (hereinafter referred to as 'the Combined Competitive Examination, 2007') which has been held under the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1999 (hereinafter referred to as 'the Rules of 1999')?

(2.) ON 1.6.2007, advertisement was issued for 155 posts of seven State Services and 526 posts of Subordinate Services. Posts have been increased subsequently to 713 in total. ON 23.12.2007, preliminary examination was conducted in which approximately 3 lacs candidates appeared. Result of the preliminary examination was declared on 13.3.2008. After declaration of the result, 15 times to the number of vacancies i.e.11,726 candidates were allowed to appear in the main examination.

(3.) THE respondents, in their reply, have contended that the recommendation of the Commission is based on aggregate marks finally awarded to each candidate as per the scheme of examination provided under Rule 15 of the Rules of 1999. Scaling system has been approved by the Apex court in Mahesh Kumar Khandelwal & 16 Ors. vs. State of Rajasthan & Ors., 1994 (1) RLR 533; Rajasthan Public Service Commission vs. Ramesh Chandra Pilwal, RLW 1997(2) Raj.1348 and in the matter of Manish Sinsinwar & Ors. vs. Rajasthan Public Service Commission & Anr. (D.B. Civil Writ Petition (PIL) No.368/2004 decided on 14.6.2004). In scaling system, many examiners are involved in marking the answering scripts relating to a subject; in different languages the answers are given i.e. English and Hindi. Seven areas have been specified where scaling can be applied. Decision has been taken in consonance with those principles. After completion of main examination of 37 heterogeneous subjects -having first and second papers, the evaluation was done with the help of several examiners as per the number of answer scripts, therefore, examiner code had been separately awarded. THE subject mean and standard deviation are having much deviation, hence, to bring common mean and common standard deviation adoption of scaling system was necessary as held in the meeting dated 2.2.2009 and thereafter meeting of Experts was held on 13.3.2009 for application of the scaling technique.