STATE OF RAJASTHAN Vs. KAVITA GODARA

JUDGEMENT

(1.) Vide this judgment abovementioned appeals as well as application would be disposed of, as they have arisen out of common order dtd. 17/12/2020 passed by the learned Single Judge.

(2.) Respondents had filed writ petitions challenging the result dtd. 9/7/2020 of Rajasthan State and Subordinate Services Combined Competitive (Mains) Examination, 2018.

(3.) Case of the respondents in the writ petitions, in brief, was that an advertisement dtd. 2/4/2018 had been issued for recruitment under various State and Subordinate Services under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (hereinafter referred to as 'the Rules of 1999')- Initially, 405 vacancies were advertised in the State Services and 575 vacancies were advertised in Subordinate Services. Thereafter, a corrigendum advertisement dtd. 1/7/2020 was issued prescribing revised bifurcation of State and Subordinate Services wherein 421 posts were advertised in State Services and 593 posts were advertised in Subordinate Services making combined total of 1014 vacancies. Respondents had applied for the posts under their respective category. The selection process was to take place in three stages. Preliminary examination was conducted for short listing the candidates, who were required to appear in the main examination. No weightage was to be given to the candidates vis-a-vis their marks obtained in the preliminary examination. Main examination was based upon objective type questions consisting of four papers with 800 as total marks. Thereafter, the successful candidates were required to appear in the interview, which carried 100 marks. Initially the result of the preliminary examination was declared on 23/10/2018, wherein, cut off for Other Backward Class category was higher than the cut off of General category. The reserved category candidates, who were having more marks than the general category, were allowed to appear in the main examination. Extended result was declared on 13/12/2018 in pursuance to the interim order dtd. 1/12/2018 passed by this Court in S. B. Civil Writ Petition No. 24725/2018 titled as Surghan Singh Vs. State of Rajasthan and Another. The impugned result was declared on 9/7/2020, wherein, 1953 candidates had been declared qualified in the main examination in Non-TSP Area, which comes to near about 1.92 times of the number of the vacancies advertised. Thus, for one post less than two candidates had been called for interview. As per Rule 15 of the Rules of 1999, the Rajasthan Public Service Commission (hereinafter referred to as 'the Commission') could prescribe minimum qualifying marks and also such candidates, who would acquire marks over and above the minimum qualifying marks fixed by the Commission, would be eligible to appear in interview. Hence, the impugned result confining the zone of consideration to 1.92 times of the number of vacancies was illegal, arbitrary and unwarranted.