ARTI MEENA Vs. RAJASTHAN HIGH COURT

JUDGEMENT

(1.) This batch of writ petitions seeks to challenge the correctness of final answer key of the preliminary examination issued by the respondent Rajasthan High Court dated 20.05.2019 for recruitment of 197 posts to Civil Judge Cadre, notified vide advertisement dated 15.11.2018. Challenge has been made to decision of the respondent-High Court establishment, deleting five questions of the question paper of preliminary examination. In the alternative, prayer has also been made for award of bonus marks for the deleted five questions. Also challenged answers to twenty other questions on different grounds.

(2.) It may be noted at the outset that as per the scheme of examination, the competitive examination for recruitment was to be conducted in two stages, i.e,. preliminary examination and main examination. Marks obtained in the preliminary examination by the candidates, who are declared qualified for main examination, are not counted for determination of final merit. All those candidates who secure same percentage of marks of the last cut off would be admitted to the main examination. Candidates belonging to Scheduled Caste and Scheduled Tribes category were required to secure 35% minimum marks and candidates of all other categories were required to secure 40% minimum marks in the preliminary examination. It was also notified that number of candidates to be permitted to appear in the main examination would be 15 times the total number of vacancies categorywise. It was also notified that number of candidates to be called for interview shall be, as far as possible, three times the number of vacancies categorywise, provided that a candidate in order to qualify for interview shall have to secure minimum 35% marks in each law paper and 40% marks aggregate in main examination. However, the candidates belonging to Scheduled Castes and Scheduled Tribes would be deemed to be eligible for interview if he/she has obtained minimum 30% marks in each of the law paper and 35% marks aggregate in the main examination. It was compulsory for every candidate to appear in each paper of written test as also before the interview board for viva-voce failing which he shall not be recommended for appointment. The preliminary examination carried 100 marks on the basis of hundred objective type questions, with one mark for each question. Each question had four options with only one correct answer. The question papers booklet distributed at the examination centers were in four series, namely, A, B, C, D, where due to reshuffling serial number of the questions would undergo a change in the paper, although the question remains the same with the same multiple options in the same order. Except the language papers, candidates were provided question paper booklet in bi-lingual, i.e., both English and Hindi and the candidates were provided OMR sheets in objective type where they have to simply darken the circle/bubble, indicating the correct answer from black/blue ball point pen as per the instruction no.6 provided on the top thereof. The answerbooks are evaluated with the help of the computer pr??ramme, as per one of the four circles/bubbles so darkened. In fact, question paper booklet contained 12 instructions. The instruction no.3 was to the effect that only one answer is to be given for each question. The instruction no.4 provided that if more than one answer is marked, it would be treated as wrong answer. Instruction no.6 was to the effect that each question has four options marked serially as 1,2,3,4 out of which only one is correct. Instruction no.7 read that there is no Negative Marking. Instruction no.10 provided that if there is any sort of ambiguity/mistake either of printing or factual nature then out of Hindi and English version of the question, the English version will be treated as standard.

(3.) We have heard learned counsel for the parties and perused the material on record.