MOHAN LAL Vs. RAJASTHAN PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) THE petitioner, after having unsuccessfully participated in the recruitment process for appointment to the post of Physical Teacher Instructor (for short 'PTI') Grade -III, in response to advertisement dated 14th December, 2011; has approached this Court praying for the following relief(s): -

(2.) BRIEFLY , the indispensable skeletal material facts necessary for appreciation of the controversy raised herein are that in the result declared by the respondent -Commission (RPSC) on 16th May, 2012, for the post of PTI Grade -III -Examination 2011; the petitioner was declared unsuccessful. It is pleaded case of the petitioner that according to his assessment, he must have secured more than 300 marks in the written examination. In response to an application preferred under the provisions of the Right to Information Act, 2005 (for short 'the Act of 2005'), the respondent -Commission informed that the answer key of the examination was available on the website of the respondent -Commission. However, no details of the questions with correct answers was furnished and the petitioner was also not furnished with the copies of the questions and the answer -sheets.

(3.) THE action of the respondent -Commission has been assailed for being in violation of the principles of natural justice and fair play. Since the petitioner has not been allowed to peruse the paper book, OMR sheet and the answer key of the examination involved herein; the action is also stated to be arbitrary, malafide and capricious. The action has also been assailed as violative of the mandate of Article 14, 16 and 19 of the Constitution of India as well as law declared by the Hon'ble Apex Court of the land in the case of Central Board of Secondary Education and Anr. versus Aditya Bandopadhyay and Ors. in Civil Appeal Number 6454/2011 decided on 9th August, 2011.