MOHIT DWIVEDI Vs. R P S C

JUDGEMENT

(1.) The petitioners, who had been the candidates in the Rajasthan Judicial Service-2008 examination, have filed this writ petition questioning the action of the Rajasthan Public Service Commission ('RPSC') in issuing revised list dated 20.07.2010 (Annex.3) pursuant to the order passed by the Hon'ble Supreme Court in the petition for Special Leave to Appeal (Civil) No. 16869/2010 and the order dated 10.05.2010 as passed by a Division bench of this Court in D.B. Civil Writ Petition No. 825/2010 (Sharwan Kumar Vs. RPSC & Ors.) and other connected cases.

(2.) The grievance of the petitioners essentially is to the effect that when this Court quashed and set aside the select list prepared earlier and directions were issued to proceed further on the basis of raw marks (actual marks) obtained by the candidates in the written examination and to add the marks obtained in interview, the RPSC could not have retained the earlier marks obtained in the interview by the candidates and could not have deprived the petitioners of a chance to appear in the interview again.

(3.) order to appreciate the submissions sought to be made, a brief reference to the background is necessary. On 27.08.2008, the applications were invited for appointment on the post of Civil Judge (Junior Division)-cum-Judicial Magistrate in the Rajasthan Judicial Services; and written examination were held on 07/08.02.2009. After declaration of the result of written examination, the RPSC proceeded to conduct the interviews but then, the merit list was prepared while introducing 'scaling' system in alteration of the actual marks obtained by the candidates in the written examination. Some of the candidates who were not declared qualified for the interview, put a challenge to the scaling system so employed by the RPSC by filing different writ petitions. On 18.02.2010, a Division Bench of this Court, with reference to the earlier decision of this Court dated 27.10.2009 in relation to the similar nature controversy as involved in the case of Sarita Naushad Vs. RPSC & Ors. relating to the same RJS examination for the year 2005, directed the RPSC not to declare the result of interviews that were going on pursuant to the result of the written examination that was declared while applying the scaling system. Against this interim order, the RPSC preferred a petition for Special Leave to Appeal No. 6569/2010 wherein the Hon'ble Supreme Court passed the interim stay order over the impugned order dated 18.02.2010. Pursuant to the interim order so passed by the Hon'ble Apex Court, the RPSC proceeded to declare the result and made the consequential recommendations. However, the Hon'ble Supreme Court considered the appeals filed against the order passed in Sarita Naushad's case (supra) and the appeals were disposed of while directing the RPSC to conduct interviews of some of the candidates on the basis of raw marks. Any further dilatation on the orders relating to Sarita Naushad's case does not appear necessary; and appropriate it is to revert to the litigation concerning the examination for the year 2008.