This order disposes of multiple connected writ petitions concerning recruitment by the RPSC. Relying on the judgment in Jagdish Kumar Choudhary, the learned Single Judge declined to pass further orders on costs and issued similar directions as given in the cited case.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17933/2019
Connected With
S.B. Civil Writ Petition No. 19383/2019
Mamta Kumari Atal D/o Narain Lal Raigar, W/o Rakesh Arya, Aged About 38 Years, By Caste Raigar (Sc), R/o 101, Saini Colony-I, Kartarpura, Jaipur.
----Petitioner
S.B. Civil Writ Petition No. 20308/2019
Gyarsilal Verma S/o Shri Manguram Verma, Aged About 32 Years, R/o Post Nangal, Nathusar Tehsil Sri Madhopur District
(2 of 4)
[CW-17933/2019]
Sikar (Raj.)
----Petitioner
----Respondents
S.B. Civil Writ Petition No. 20419/2019
Om Prakash Bunkar S/o Rameshwar Bunkar, Aged About 38 Years, R/o Post Hanutpura, Tehsil Shahpura, District Jaipur, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 20515/2019
Dhruvpal S/o Shri Kishandan, Aged About 42 Years, Resident Of Post Nathwa, Tehsil Ramgadh Shekhawati District Sikar (Raj.)
----Petitioner
----Respondents
S.B. Civil Writ Petition No. 21158/2019
Sitaram Yadav S/o Bharta Ram Yadav, Aged About 45 Years, By Caste Yadav, R/o Village And Post Ghasipura, Tehsil Shahpura, District Jaipur.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 21777/2019
Sajida Kuraishi D/o Abdul Rashid Kuraishi, Aged About 34 Years, R/o D-304-305, Murlipura Scheme, Jaipur, Rajasthan.
----Petitioner
(3 of 4)
[CW-17933/2019]
Versus
----Respondents
For Petitioner(s) : Ms. Sara Parveen for Mr. Tanveer Ahamad. Mr. Takhat Singh. Mr. Neeraj Kumar Sharma. Mr. Ram Pratap Saini. For Respondent(s) : Mr. M.F. Baig, DGC.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
02/09/2021
Learned counsel for the parties submit that the issue raised in the present writ petitions is squarely covered by judgment of this Court in S.B. Civil Writ Petition No.15944/2019: Jagdish Kumar Choudhary v. Rajasthan Public Service Commission & Anr. and other connected writ petitions decided on 19.03.2020 and submit that the present petitions may also be disposed of in the light of the said judgment.
Principal Bench at Jodhpur in the case of Jagdish Kumar Choudhary inter-alia directed as under:-
"In view of the aforesaid, these writ petitions are allowed; the merit list and the select list (if any) is hereby quashed; the RPSC is directed to recheck all the answer scripts in tendam with the adjudication made qua each of the question under consideration.
For the sake of convenience, particulars of questions and corresponding answers/directions, which need to be revisited have been cataloged in the Schedule appended with the present judgment. The revision of result shall be subject to the following :-
(i) The Commission shall immediately
(4 of 4)
[CW-17933/2019]
which have been ordered to be referred to the Expert Committee;
(ii) Questions belonging to different subjects may be referred to different Committees;
(iii) The RPSC shall provide not only a copy of the judgment instant but also copies of writ petition(s) to the members of the Expert Committee so as to enable them to take into account the challenge/contentions/arguments and material relied upon by the petitioners;
(iv) The Experts are expected to go through the observations made by this Court while dealing with the questions referred to it, more particularly what has been said in para No.12 of the judgment instant;
(v) The Expert Committee to submit its report qua the questions referred latest by 15.04.2020; (vi) Assimilating the answers suggested by the Expert Committee and the adjudication made in the present judgment, the RPSC will recheck the answer scripts of all the candidates by 30.04.2020;
(vii) The revised result/select list shall be forwarded to the State Government latest by 15.05.2020."
Learned counsel for the RPSC submits that in para 217 cost has been imposed, which may be made easy. A look at the nature of cost imposed by the Court reveals that the same pertains to the recruitment as a whole and not in each individual case and, therefore, in those circumstances no further order is required to be passed qua the cost so imposed.
In view of the submissions made the writ petitions are disposed of in light of and with similar directions as given in the case of Jagdish Kumar Choudhary (Supra).
(ARUN BHANSALI),J
184-190-pradeep/-
2 issues framed by the court
Whether the present writ petitions should be disposed of in light of the judgment in Jagdish Kumar Choudhary.
Whether the cost imposed in the referenced judgment should be revisited for the present cases.
Colour shows how this judgement treated each authority
Jagdish Kumar Choudhary v. Rajasthan Public Service Commission & Anr.Followed¶72
S.B. Civil Writ Petition No.15944/2019: Jagdish Kumar Choudhary v. Rajasthan Public Service Commission & Anr.
Mahaveer Sharma
Gyarsi Lal Verma
Rajpal
Dhruvapal
Shishupal Singh Meel
Omprakash Sharma
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
