RAHUL NAGAR AND ORS. Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) By this bunch of appeals, a challenge has been made to the common order dated 21.11.2017, passed in the writ petitions for challenge to the selection and result of the post of Stenographer and Stenographer Grade-II (Hindi).

(2.) Learned counsel for the appellants have raised two issues for our consideration for assailing the judgment of learned Single Judge. The first issue is about the discrepancy in the rules in regard to speed of Stenographer (Hindi). Under Rule 10 (1) (b) of the Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (in short the 'Rules of 1986'), required speed is 70 w.p.m. for Hindi Steno, whereas, the Schedule appended to the Rules of 1986 provides speed for dictation to be 80 w.p.m. Looking to the discrepancy in the rules, the selection and result is vitiated and may be quashed.

(3.) The other issue raised by the appellants is about the benefit of margin of 15% mistakes. It is stated that Rules of 1986 does not provide for margin of mistakes though, it has been provided in Rajasthan High Court Staff Service Rules, 2002 (in short the 'Rules of 2002'). Under the Rules of 2002, the benefit has been given for margin of 5% mistakes in the speed test of Stenography. The respondents have taken aforesaid analogy for the assessment of the result but instead of providing margin of 5% mistakes, it has been given 15%. It was to overcome from the discrepancy under the Rules. Rule 10 (1) (b) of the Rules of 1986 provides speed of 70 w.p.m. in Hindi shorthand, whereas, the Schedule provides it to be 80 w.p.m thus difference comes to 10 w.p.m. hence, instead of giving margin of 5% mistakes, it was given for 15%.