SHARWAN KUMAR Vs. RPSC

JUDGEMENT

(1.) In all the above writ petitions, common prayer has been made by the petitioners that action of the respondents in adopting scaling system for assessment in the Rajasthan Judicial Service Examination 2008 for recruitment to Rajasthan Judicial Service may be declared illegal and unconstitutional and the same may be quashed and set aside. Further, it is prayed that Rajasthan Public Service Commission may be directed to issue fresh merit list on the basis of raw marks obtained by the candidates without applying the formula of scaling. It is also prayed that all actions undertaken during the pendency of the writ petitions to the detriment of the petitioners may be declared illegal and be set aside and, in case appointments are issued to persons having marks lower than the actual raw marks secured by the petitioner under his category, then, the said appointments may be declared illegal and/or the petitioner may be adequately compensated by being declared selected for the consecutive appointments. In the alternative, it is prayed that the respondents may be directed to conduct fresh examination in pursuance of notification Annex.-1.

(2.) Since in all the above writ petitions common question is involved that whether scaling system adopted by the Rajasthan Public Service Commission for the purpose of selection for recruitment in the Rajasthan Judicial Service is illegal and unconstitutional, we are deciding all these writ petitions by this common judgment/order. For the purpose of adjudicating the controversy, we are taking into consideration the facts narrated in D.B. Civil Writ Petition No. 825/2010 Sharwan Kumar v. R.P.S.C. and Ors....

(3.) According to brief facts of the case, an advertisement Annex.-1 was issued by the Rajasthan Public Service Commission, whereby, applications were invited from the Law Graduates for recruitment to the posts of Civil Judge (Junior Division) cum Judicial Magistrate in the cadre of Rajasthan Judicial Service. In pursuance of the said notification Annex.-1 dated 27.08.2008, along with other eligible candidates the petitioner also applied. Thereafter, written examination for RJS Examination 2008 was conducted on 7th and 8th February, 2009 in accordance with Rajasthan Judicial Service Rules, 1955 (hereinafter referred to as 'the Rules of 1955'). The petitioner along with other eligible candidates appeared at the said written examination and expected to get through in the written examination. But, surprisingly as per result of the written examination, the petitioner was not declared qualified for interview as cut-off marks for the General Category (Boys) based on scaled scores rather than the original raw marks obtained by the aspirants in the written examination. As per the petitioner, the result was to be declared only on the basis of raw marks because as per provisions of the Rules of 1955 framed in exercise of the powers conferred by Article 234, read with Article 238, and the proviso to Article 309 of the Constitution of India, complete procedure was prescribed for the selection and recruitment to the Rajasthan Judicial Service.