POORAN SINGH YADAV Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE appellant, a candidate in LDC Combined Competitive Examination 2011, has filed this intra -court appeal being aggrieved of the order dated 14.02.2013 as passed in CWP No. 1014/2013 whereby, the learned Single Judge of this Court has declined to exercise writ jurisdiction on his grievance against non -evaluation of the three tests taken by him in the second phase of the examination. The learned Single Judge, in fact, proceeded to dismiss the writ petition only on the ground of delay in approaching the Court after completion of Phase -II examination. The learned counsel for the petitioner -appellant submits that the learned Single Judge has not been right in making a reference to the decision in Devendra Singh Chauhan's case (CWP No. 2608/2012, decided on 02.04.2012) as also in treating the writ petition to be a belated one without examining the grievance of the petitioner, which was entirely different and which could have been projected only after declaration of the final result of the examination when the petitioner came to know of the fact that his performance in the said three tests had not been evaluated.

(2.) AFTER having heard the learned counsel for the petitioner -appellant and having perused the material placed on record, we are clearly of the view that even if the aspect of delay is left aside, the petitioner -appellant is not entitled to any relief and hence, this appeal does not merit admission.

(3.) IT remains indisputable that the requirement in the process of selection had been of the candidate appearing in Phase -I examination and obtaining minimum 40% marks in each question paper and thereafter appearing in Phase -II examination and obtaining minimum 36% marks in each question paper. In the scheme of Phase -II examination, there were two papers, G.K. and Hindi, as Paper -1 and Paper -2 and then, a typing test divided into different sections namely, Hindi Speed, English Speed, Hindi Efficiency and English Efficiency. Each of these sections in the typing test carried 25 marks maximum with the requirement of obtaining 9 marks minimum for a pass. The petitioner -appellant is said to have obtained 49 and 51 marks in Paper -1 and Paper -2 in Phase -II examination but then, as regards typing test, it remains a matter of fact that the petitioner -appellant could secure only 7.13 marks in Hindi Speed Test and thus, failed to obtain minimum passing marks in this section.