HEMANT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITH the consent of the parties, the matter is heard finally.

(2.) IT is a case where result of the selection to the post of Motor Vehicle Sub Inspector has been challenged.

(3.) PETITIONERS were surprised to notice that their raw marks have been changed by applying scaling. It is a case where all the candidates appeared in the written examination having same subjects, thus not a case of variation of papers. In the aforesaid background, it is prayed that application of scaling may be held to be illegal. Reference of the judgment in the case of "Ram Narayan Bhanwreya vs. State of Rajasthan & Anr.", SB Civil Writ Petition No. 3705/2009, decided on 20.9.2011 at Principal Seat, Jodhpur has been given, wherein, the application of scaling for selection to the post of Sub Inspector of Police and other posts was challenged. This Court, after considering the facts, held that scaling cannot be applied in all the selections, specially when variation of subject papers do not exist. The judgment of the Apex Court in the case of "Sanjay Singh vs. UP Public Service Commission, Allahabad & Anr.", reported in JT 2007 (2) SC 534 was referred therein and present case is covered by the aforesaid judgment itself apart from the judgment of this court in the case of "Vikram Singh Gurjar vs. Rajasthan Public Service Commission", SB Civil Writ Petition No. 3741/2011, decided on 7.9.2011, wherein, similar issue came up before this court and by a detailed judgment, bunch of writ petitions were decided. Accordingly, prayer is made to allow all these writ petitions with a direction to the respondents to apply the judgment in the case of Vikram Singh (supra) and after taking note of raw marks of the petitioners, if any of them have secured more marks then the candidate last selected in the category, they may be appointed to the post.