RAJASTHAN PUBLIC SERVICE COMMISSION Vs. PANKAJ RAJ

JUDGEMENT

(1.) The Rajasthan Public Service Commission (hereinafter referred to as the "RPSC") in these five appeals is aggrieved by a common judgment issued by the learned Single Judge, whereby a direction was issued to delete Question Nos. 11 and 22 from the Model Question Paper for the Rajasthan Administrative Service (RAS) cum Rajasthan Tehsildar Service (RTS) Preliminary Examinations, 2018 and a consequential order directing fresh re-evaluation in the light of the judgment.

(2.) The present litigation has a chequered history. Briefly, the RAS/RTS Examinations, 2018 were notified in 2018. The process entails a two stage examination procedure : Preliminary Examination, whereby the candidates are assessed on the basis of their answers to objective multiple choice questions. After the conclusion of the preliminary examination, results of model answer key were published, eliciting comments and objections. The objections received were then taken up and considered by an expert committee set up by the RPSC, which after considering the recommendations of the of the committee published the final answer keys. The results published by the RPSC became the subject-matter of controversy in two cases i.e. Jitendra Kumar Bagaria and Ors. v. The State of Rajasthan and Anr. (SBCWP No. 25338/2018) and connected cases decided on 10/12/2018 and the judgment in Bhanwar Lal and Ors. v. Rajasthan Public Service Commission and Anr. (SBCWP No. 17219/2018) and connected cases, decided on 15/12/2018. Both these decisions relied upon the parameters of judicial review -outlined in such cases, by an earlier judgment of this Court in Ramdhan Kumawat v. State of Rajasthan (SBCWP No. 10622/2014) decided on 18/11/2014. The directions in Jitendra Kumar Bagaria and Bhanwar Lal (supra) are identical. Directions were issued for re-consideration of the correct marking by the Expert Committee with respect to Question Paper Nos. 11 and 22.

(3.) The relevant observations with respect to two questions and the conclusions drawn by the learned Single Judge - primarily made in Jitendra Kumar Bagaria (supra) are as follows:-