SANDEEP KUMAR BABAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions involving similar controversy are being decided by this common order, however, the facts are illustratively taken from SBCWP No.1460/2013-Sandeep Kumar Babal Vs. State of Rajasthan. The petitioner, Sandeep Kumar Babal, was initially appointed on probation for a period of two years as Teacher Grade-III vide the order (Annex.P/1) dated 14.07.2010 in the pay scale of Rs.5200-20200 with the grade pay of Rs.2800/- after being duly selected by the Rajasthan Public Service Commission in pursuance of the Advertisement No.1 dated 20.06.2008 and as modified by Advertisement No.2 dated 02.09.2008.

(2.) The said selection process, however, became matter of judicial scrutiny by this Court and in the DB Civil Special Appeal (W) No.207/2013- Vinita Sharma & Ors. Vs. State of Rajasthan & Ors. (decided on 02nd August, 2013) in a judgment authored by Hon'ble the Chief Justice, the Division Bench of this Court put to rest the said controversy, which occurred on account of revision of merit list upon answer key for the said examination by multiple choice questions found to be incorrect in respect of one question No.20 in Series-A paper, which was quoted by the Division Bench in the said judgment and consequently the said revision of merit list resulted in the ouster/termination of the persons like the present petitioners since in the revised merit list, they did not find their names having been pushed down. The Division Bench of this Court held that the revised merit list had to be given logical and consequential effect and, therefore, the termination/ouster of such persons like the present petitioners, was not liable to be interfered with. The relevant portion of the judgment of the Division Bench in the case of Vinita Sharma is quoted herein below: -

(3.) Though, the SLP No.25894/2013-Munna Ram & Ors. Vs. State of Rajasthan & Ors., is said to be pending before the Hon'ble Supreme Court, the present writ petitions filed by the petitioners are little in different context and can be decided by this Court even without waiting for the final judgment of the Apex Court in the aforesaid special leave petition. In the aforesaid SLP, on 20.09.2013 the following interim order has been passed by the Hon'ble Apex Court: -