GIRIRAJ KUMAR VYAS Vs. STATE

JUDGEMENT

(1.) FOR making recruitment to the post of Assistant Public Prosecutors, the Rajasthan Public Service Commission (hereinafter referred as "the Commission"), initiated process of selection under a notification dated 26.5.2011. A competitive test was conducted on 1.12.2011, wherein as per the petitioners, at least 40 questions were asked from the notes of Professor J.K.Malik, a former Teacher of the University of Rajasthan. While seeking declaration to cancel the entire process of selection, the allegation of the petitioners is that - "petitioners also surprised and found themselves as discriminated after knowing the fact that more than typical fourty questions of assistant public prosecutor grade II exam 2011 were asked from the notes of Professor J. K. Malik, Department of Law, University of Rajasthan Jaipur resulting in to a great resentment prevailing among aspirants. At this juncture it is also relevant to mention that Professor J. K. Malik teacher in a commercial coaching centre i.e. S. Vivekanand, Bapu Nagar, Jaipur which is well known in coaching for posts in legal field i.e. RJS, APP, LA, ADJ etc. Professor J. K. Malik teaches subject of IPC, CRPC & EVIDENCE in coaching institute for long years and also dictates his notes while coaching the aspirants. The bare perusal of notes dictated by Professor J. K. Malik while coaching vis-a-vis question paper of assistant public prosecutor grade II exam 2011, reveals that questions are asked from the notes of Professor J. K. Malik. A common prudent man arrives on the conclusion that either the question paper was settled by Professor J. K. Malik or questions were picked and choose from Professor J. K. Malik's notes after a bare perusal of the question paper vis-a-vis the notes and analyzing the nature of the questions. For convenience, sign of '#' is marked on relevant questions on question booklet (Annex-5) and similarly serial number of relevant question of 'C' series of question booklet is also marked on the notes dictated by Professor J.K. Malik in S. Vivekanand private coaching institute. A copy of relevant part of Professor J.K. Malik's notes prepared in S. Vivekanand coaching institute with marking of serial number of relevant question of 'C' series of question booklet and commercial advertisements of coaching institute wherein name of professor J.K. Malik is shown as tutor are submitted here with and marked as ANNEXURE-8 7 9 respectively. With great respect, it is respectfully submitted that without prejudiced to the above, it is submitted that the a bare perusal of the question paper vis-a-vis the notes prepared by the S. Vivekanand institute clearly reveal that the respondent R.P.S.C. has failed to maintain the settled norms and the transparency for the purpose of settling of the question paper as in the present case, the question paper seems to be settled by the said Prof. J.K. Malik who cannot be said to be a person for the purpose of maintaining confidentiality for his being engaged in the business of private coaching to the aspirants as is evidence from advertisement of S. Vivekanand institute had been published in the "Rajasthan Rojgar Sandesh" dated 1st June, 2011 (Annex-9) wherein the name of said Prof. J.K. Malik has been shown as a Teacher of the institution. In this view of the matter, over and above the matter requires consideration by this Hon'ble Court only from the point of view that it is to be followed strictly by the public agency like the respondent-RPSC that no person who is engaged in such a private practice of giving coaching etc. should not be authorized to settle paper and had there been so, then there would be every possibility of tempering of the confidentiality because by no stretch of imagination, it can be said that such a person engaged in such a business of providing private coaching would not take the benefit of the situation of his being a paper setter so as to see the persons who used to take coaching from him in advantageous position in every possible means."

(2.) THE petitioners have also alleged that some questions asked in the test are either out of syllabi or wrong on several counts and that frustrates the purpose of having best available recruits on basis of merit. In reply the stand of the Commission is that the question paper was not prepared only by Professor J.K.Malik but by consultation with several paper setters. The questions were asked from among the proposed papers given by short-listed examiners and from the question banks available with the Commission in the form of unsolved papers in earlier examination. It is admitted that 25 questions were picked up from the papers proposed by Professor J.K.Malik and out of those 18 are based on provisions of law, 5-6 pertains to leading case laws and two questions are based on reasonings. As per reply, the Commission took all necessary care to ensure fairness in the test and in the course of process undertakings were sought from paper setters that they are not engaged in coaching activities. An undertaking to this effect was given by Professor J.K.Malik also. An affidavit sworn-in by Professor J.K.Malik is also placed on record, contents of which are quoted below:-