ASHOK KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In these matters, a common question is involved with respect to publication of select list on 22/5/2019, for filling the post in the cadre of Senior Teacher (Social Science). The writ petitioner (SBCWP No. 10992/2019), challenged the select list on the divergent ground; an interim order made in those proceedings on 10/7/2017 led to third party appeal (DBSAW No. 1117/2019) by one Ashok Kumar Sharma, who claims to be affected by the order inasmuch as learned Single Judge directed stay of the select list dtd. 22/5/2019.

(2.) The brief facts are that recruitment, which commenced, for the post of Senior Teacher through an advertisement dtd. 13/7/2016, led to challenge to the results, which were declared on the basis of answer keys dtd. 3/2/2018. The petitions were filed by the candidates, who approached this Court at the Principal Seat, Jodhpur. They argued that a large number of answers in the answer key provided by RPSC were erroneous. After listing out the answer keys and setting out how they appeared to be prima facie controversial, learned Single Judge by his judgment and order dtd. 5/5/2018 allowed the writ petitions. The operative part of the learned Single's directions is as follows:

(3.) The petitioners, who were not satisfied with the directions of the learned Single Judge, carried the matter in appeal at Principal Seat, Jodhpur (Bhunda Ram Versus State of Rajasthan and Ors., DBSAW No. 922/2018). During pendency of the appeals, the Division Bench on 14/9/2018 clarified that there would be no interim order and selections would be proceeded in accordance with the impugned order of learned Single Judge. The RPSC, therefore, published the select list on 17/9/2018 in terms of the expert opinion provided on the basis of the Single Judge's order. The present writ petitioners (Vikesh Kumar Gupta and Anr.) were, as a result of publication of select list on 17/9/2018, displaced from the select list. Accordingly, on 17/9/2018, pursuant to the Single Judge's directions, a revised answer key was issued; that became subject matter of scrutiny by the Division Bench as well.