SHRUTI KAUSHIK Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) The instant petition for writ is preferred to challenge the process of moderation adopted by the Rajasthan Public Service Commission in Rajasthan Judicial Service Examination 2011. Succinctly, facts of the case are that the petitioner participated in the Rajasthan Judicial Service Examination 2011 to be considered for appointment in Rajasthan Judicial Service. As per the facts averred in the petition for writ, she secured 193 merit marks but due to moderation same were reduced as 191. The reduction of marks resulted into her ouster from the list of selected incumbents.

(2.) The submission of the petitioner is that moderation though has been approved in the case of Sanjay Singh & Anr. v. U.P. Public Service Commission, Allahabad & Anr., 2007 3 SCC 720, but that analogy could have not been applied in the selection in question being not adopted uniformly and further for the reason that according to the information supplied by the Commission all the answer sheets were examined by one examiner.

(3.) During the course of hearing learned counsel for the petitioner accepted that subsequent to the year 2011 selections to the Rajasthan Judicial Service have already been conducted in the year 2013 and 2015. It is also the position admitted that after completing the process of selection all the vacancies available under the process of recruitment for the year 2011 have been filled in. Looking to this factual background and also looking to the fact that the persons selected are not party to the writ proceedings, we are not inclined to entertain this petition for writ. Accordingly, the same is dismissed.