REWANT DAN Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THESE writ petitions pertain to selection to various posts conducted by the Rajasthan Public Service Commission (for short 'the RPSC').

(2.) ADVERTISEMENT for the post of Lecturer (Hindi) in College Education Department was issued on 21.9.2010 and for the post of Medical Officer (Dentistry) and Medical Officer (Homoeopathy) on 8.3.2011. All the petitioners along with others appeared in the selection. The controversy raised in these writ petitions pertains to the question papers set by the Commission as majority of questions are taken from book/ guide book/ reference book and are verbatim the same.

(3.) LEARNED counsel for petitioners submit that the way selection to the post referred to above has been conducted by the Commission cannot depose confidence as taking majority questions and answers from one and same book is nothing but stereo type working of the paper setter whereas the paper setting is assigned by Commission with instructions to the paper setter not to copy the questions or answers from any guide/reference book but to prepare it at his own. This is to get only meritorious candidates and not a candidate who may have prepared himself by one guide books and fortunately for him, majority of the questions were taken from it making his task to be easy to get selected not on the basis of his merit but due to luck. The responsibility of the Commission is not only to make selection by luck but it should be purely on merit. In the similar circumstances, when an issue was raised to the Commission in regard to selection to the post of Teacher Gr II (Urdu) pursuant to the advertisement of the year 2008, finding majority of the questions from one and same guide book, selection was cancelled thus similar view should have been taken by the Commission in the present matters also but in a discriminatory manner, they have failed to give similar treatment to the selection in dispute hence their action becomes illegal being violative of Articles 14 and 16 of the Constitution of India. Thus, while setting aside the selection for the aforesaid posts, respondents may be directed to conduct competitive examination afresh with a further direction that while setting out questions, paper setter should not be guided by any guide/ reference books.