RAJESH JHALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard counsel for both parties and perused the record as also the shorthand book along with transcription, produced by the Rajasthan Staff Selection Board (hereinafter referred as "Board"), in pursuance of order passed by this Court on 21/3/2023 wherein petitioner wrote the audio clip in sign script (steno) in Hindi language, while appearing in phase II examination of Stenographer Joint Direct Recruitment Examination 2018 for appointment on the post of Stenographer.

(2.) It is a case where petitioner participated in the Direct Recruitment of Stenographer, pursuant to advertisement No.13/2018 dtd. 4/7/2018 issued by the Board. The Board, for the purpose of appointment to the post of Stenographer in various departments against vacancies advertised, conducted examination in two phases, phase I examination is written test, comprising two papers of General Knowledge and General Hindi & English, carrying 100 marks of each paper respectively, phase II examination pertains to skill test of stenography either Hindi or in English, carrying 100 marks. Final merit list was required to be prepared on the conjoint marks, obtained by candidates in examination of phase I and phase II. In the present writ petition, the dispute has arisen in respect of examination of phase II of petitioner, conducted on 28/10/2021 wherein petitioner appeared and opted stenography language of Hindi.

(3.) It is not in dispute that instructions and guidelines in respect of phase II examination pertaining to Hindi/English shorthand test were appended with the advertisement itself and well known to the petitioner and such instructions have been placed on record by petitioner as Ann-7. As per the scheme of phase II examination, same was based on computer and audio clip of ten minutes was to be operated and which was required to be noted down by the candidate in language of stenography i.e. sing scrip either in Hindi or English as the case may be and as opted by candidate and then the noted sign script was required to be transcribed/typed on computer in the language opted by candidate within sixty minutes for English language and within 70 minutes for Hindi language. It is clearly instructed in guidelines that the audio clip, operated in the examination hall shall be required to be noted down by the candidates in sign script (steno) in the shorthand book, made available to the candidates and any transcription/typed passage, from other than sign script (steno) shall not be checked for giving marks. It is also clearly indicated in the instructions that it is essential for the candidate to appear in stenography test, failing which, he will considered failed. The relevant instructions as indicated in the advertisement are being extracted hereunder:- <IMG>JUDGEMENT_201_LAWS(RAJ)4_2023_1.jpg</IMG>