STATE OF RAJASTHAN Vs. KAMLESH KUMAR SHARMA

JUDGEMENT

(1.) The subject matter of the intra-court appeals is the common judgment and order passed by the learned Single Judge dated 31st May, 2013; whereby the learned Single Judge allowing a bunch of writ applications made the following directions:-

(2.) The essential facts in brief for appreciation of the controversy are that an advertisement No. 6/11-12 dated 26.05.2011 was issued by the Rajasthan Public Service Commission (hereinafter referred to as 'RPSC', for short); inviting applications from the eligible candidates for consideration of their candidature for appointment to the post of Assistant Public Prosecutor Grade II (hereinafter referred to as 'the APP Gr. II', for short) against 159 vacancies. The advertisement was responded by 15,776 applications. The Rajasthan Public Subordinate Service Rules, 1978 (hereinafter referred to as 'the Rules of 1978', for short) contemplates an interview as a sole criterion for selection and appointment on the post of APP Gr. II. The RPSC is vested with the discretion to conduct screening test for shortlisting of the candidates and accordingly, a written examination was conducted on 1st December, 2011, for the candidates intending consideration of their candidature. However, only 9,191 candidates appeared in the screening test conducted through a written examination.

(3.) The written examination consisted of 100 objective type questions covering relevant subjects to test the knowledge of law of the candidates. Each question was provided with four options as answer and the candidate was to tick mark the one answer as correct of the four options. The question booklet supplied to the candidates was divided into different series as A, B, C and D wherein though the questions were the same but in the changed order. Negative marking to the extent of 1/3rd from the mark of each correct question for each wrong answer, was a condition specifically stipulated in the instructions; for any ambiguity/mistake the English version was to be treated as standard.