JAGDISH KUMAR Vs. STATE

JUDGEMENT

(1.) These two writ petitions raising similar nature grievance have been heard together and are taken up for disposal by this common order.

(2.) The respondent-Rajasthan Public Service Commission ('the RPSC') invited applications for competitive examination for the purpose of appointment to the post of Teacher in Primary and Upper Primary Schools by an advertisement dated 30.10.2006. The petitioners applied for and were allowed to appear in the examination held on 25.02.2007. The petitioner Jagdish Kumar (CWP No. 2912/2007) was allotted Roll No. 162522 and the petitioner Heera Ram (CWP No. 3005/2007) was allotted Roll No. 350455. The result of the examination was declared on 16.03.2007 and the result along with answer key were published in the newspaper on 17.03.2007 giving out answers for four series of question papers, marked A, B, C & D.

(3.) According to the petitioner Jagdish Kumar (CWP No. 2912/2007), he was provided with series 'B' question paper and as per the answer-key published by the RPSC, three questions have been left out without assigning any answer meaning thereby that no answer to these questions is available in the choices supplied in the question paper. Therefore, according to the petitioner, he is entitled to get 6 bonus marks for these 3 questions; and with addition of such bonus marks, his total marks ought to be 106.67 and thus, he ought to stand in merit in OBC category in relation whereof the RPSC has declared cut-off marks at 101.33. The petitioner has submitted that he made a representation that has not been replied to and his grievance has not been redressed. The petitioner has taken averments to the effect that he has come to know from "some sources" that as per answer key, he answered 60 questions correctly, 29 of his answers were incorrect, and thus he was given 100.67 marks. The petitioner has made the prayer for direction to the RPSC to produce the entire record in his relation; and has further prayed for the relief that the RPSC may be directed to award him 6 bonus marks.