RAJASTHAN PUBLIC SERVICE COMMISSION Vs. BHASKAR DAGAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25. 9. 2003 rendered by the learned Single Judge in S. B. Civil Writ Petition No. 7077/2002.

(2.) BRIEF facts giving rise to this special appeal are that the appellant, Rajasthan Public Service Commission (for short RPSC) issued an advertisement dated 17. 5. 2001 for conducting the Rajasthan Judicial Service Examination, 2001.

(3.) ON 25. 9. 2003, the learned Single Judge allowed the aforesaid writ petition of the respondent and quashed and set aside the order of the appellant dated 30. 9. 2002. While allowing the writ petition, the learned Single Judge also directed the appellant to declare the result of the respondent pertaining to the examination of Assistant Public Prosecutor Grade-II. It seems that the learned Single Judge felt that in order to establish the fact that the pages of the answer sheets were torn by the respondent, it was incumbent upon the RPSC to have examined the invigilator as to how and in what manner the pages of the answer books could be torn in his presence. The learned Single Judge was also of the view that since the malpractice was not detected in the examination hall itself, the respondent could not have been held responsible for the act of hearing the pages from the answer books without initiating any inquiry into the matter and without recording the statement of the invigilator. In the opinion of the learned Single Judge the examination of the respondent was not rightly cancelled and he could not be debarred from appearing in the examinations conducted by the RPSC.