ASHUTOSH PAREEK Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) Petitioner, who is a candidate for selection for appointment to the Rajasthan Administrative Service/Rajasthan Police Service/Rajasthan Accounts Service etc., in the combined competitive examination for the year 1989-90, which has been held by the Rajasthan Public Service Commission (R.P.S.C), has filed this writ petition with the following main prayers: -

(2.) The case set out by the petitioner is that the competitive examination for the State Services has to held by the RPSC in accordance with the provisions contained in the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962. In the year 1990, the RPSC issued advertisement for holding combined competitive examination for State Services (1989-90). The petitioner submitted application and indicated the preference to RPS, RAS etc. He appeared in the preliminary examination held on 25.11.90. He was declared successful in the preliminary examination and became entitled for the second stage of the examination which was held from 4.8.91 to 19.8.91. The petitioner appeared in two compulsory papers and four optional papers. The details of the papers which maximum marks allotted for each paper are given below : -

(3.) According to the petitioner, marks obtained by a candidate in both the compulsory and optional papers in Stage II are added together with the marks obtained by a candidate at the stage I examination for preparing the merit list of candidates who are to be called for interview. The petitioner prepared himself for second stage examination in accordance with the syllabus published by the RPSC in advertisement Annexure-1. When the petitioner appeared in the compulsory paper of General English, which was held on 4.8.91, he was taken by surprise because the paper, which was divided in three parts, namely, A, B and C, contained questions which were clearly beyond the syllabus prescribed. A large number of questions were beyond his comprehension and, therefore, he could not satisfactorily answer them. Question paper of General English has been placed as Annexure-2. Case of the petitioner is that he had made preparation of the examination in accordance with the syllabus prescribed by the respondent Commission and since as many as 18 questions carrying 160 marks being beyond the syllabus, the petitioner was put in a disadvantageous position and he could not obtain good marks and there is full likelihood for his losing the merit. He served a notice for demand of justice dated 9.10.91 inviting the attention of the Commission. No reply to the notice of demand for justice has been received and the Commission is directed to declare the merit list. He has thus, filed this writ petition and made prayers which have been quoted hereinabove.