SUDARSHAN GAUR & ORS. Vs. RPSC & ORS.

JUDGEMENT

(1.) THESE writ petitions pertain to the post of Headmaster for which selection has been conducted by the Rajasthan Public Service Commission, Ajmer (for short "RPSC"). Two issues have been raised before this Court.

(2.) THE first issue is in reference to answer key published by the RPSC. It is alleged to be containing either wrong answers as correct or question itself is incorrect. Many questions and answers were shown to this Court to substantiate argument/s that all the options given therein were either incorrect, requires deletion of question/s or the correct option was not accepted in the answer key, rather incorrect answer/s set as correct effecting result of those, who have correctly answered the question. In substance the grievance is raised regarding correctness of answer key published by the RPSC after seeking expert opinion.

(3.) LEARNED counsel for the petitioners submit that if paper I is looked into, it is divided in five subjects and number of questions to be given for each subject along with marks have been specified under the rules. The value of each question is of 2 marks. The RPSC while finding certain questions having incorrect answer or question was found to be incorrect, thus deleted, evaluated the marks again. While doing so, the valuation was not made in reference to the subject but was made overall on the paper itself having many subjects. In the background aforesaid, for some subjects, value of the marks gone beyond what has been prescribed under the rules. The RPSC should have given weightage of the question deleted or corrected in reference to the subjects of the concerned paper itself. Failure to do so has also effected the result.