NAVRATAN DHOLIYA Vs. STATE

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner against the order passed by the Rajasthan Information Commission dated 16.11.2010, which has disposed of the appeal of the petitioner with the direction to the respondent -RPSC to take action against the defaulting officers who are responsible for destroying the OMR sheets/answer keys of the examination of Rajasthan Police Subordinate Services. Contention of learned counsel for the petitioner is that petitioner has been shown to have secured 101 marks in the written examination, whereas he was under the belief that he would secure minimum 150 marks out of 200 marks. Petitioner requested the respondents to allow him to inspect the OMR sheets of General Knowledge and General Science of 'A' series and also answer book of General Hindi by application after he was conveyed by letter dated 8.6.2009, the result of his application for recalculation of marks, that there was no change. It is argued that the respondents have illegally destroyed those OMR sheets in 2007, whereas the petitioner throughout was demanding the copies and matter was pending before the Information Commissioner. Two prayers have been made in the writ petition; firstly that the order dated 7.9.2010 passed by the Rajasthan Public Service Commission refusing to provide him the copies of required answer keys and the order -dated 16.11.2010 passed by the Rajasthan information Commission be quashed and set aside. Second prayer is that the respondents may be directed to award 150 marks to him and accordingly revise the merit. It is argued that if the petitioner has correctly secured the marks, he would have higher merit and that would make lot of change in respect of allocation of service branch to him.

(2.) PETITIONER in the writ petition has averred that the examination was conducted in 2007 but there was no specific averment as to when the result was declared. The respondent's stand that they destroyed the answer keys/OMR sheets in 2007 has to be dealt with in view of the fact that the petitioner has applied for recalculation and also inspection and obtaining copies of answer keys in 2009. The result of his recalculation application was conveyed to him on 8.6.2009. Petitioner applied for copy of the aforesaid OMR sheets/answer keys by application dated 8.6.2009. The stand of the respondent's that the copies were destroyed in 2007, therefore, cannot be appreciated.