Disposed

Priyanka Kameriya v. State of Rajasthan

Rajasthan HC1 Mar 2021CW/2386/2021

Case brief

AI extract

What is this about?

The High Court at Jodhpur disposed of multiple writ petitions challenging the Lecturer recruitment process. Relying on Kamal Yadav, it directed the RPSC to form an expert committee to examine key discrepancies, noting the Supreme Court's view that courts cannot be expert bodies.

What did the court decide?

The writ petitions are disposed of with a direction to the RPSC to form a special expert committee to examine discrepancies in the answer key and allow a period of two weeks for the decision before is

Priyanka Kameriya Vs State of Rajasthan — Education and Admissions | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

¶3

S.B. Civil Writ Petition No. 1361/2021

¶4

Gopal Lal Gurjar S/o Shri Durga Lal, Aged About 35 Years, R/o Village Dewa Ka Khera, Tehsil Mandal, District Bhilwara, Rajasthan.

¶5

Babu Lal Gurjar S/o Shri Ladu Lal Gurjar, Aged About 35 Years, R/o Village Khajuriya, Post Ghanj, Tehsil And District Tonk, Rajasthan.

¶6

Dhara Singh Gurjar S/o Shri Heera Singh Gurjar, Aged About 27 Years, R/o Shahadpur, Tehsil And District Dausa, Rajasthan

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----Petitioners

¶8

Versus

¶9

State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Bikaner, District Bikaner, Rajasthan.

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The Secretary, Rajasthan Publice Service Commission, Ajmer, Rajasthan.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 1719/2021

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Rajveer Singh Billa S/o Mali Ram Verma, Aged About 34 Years, R/o Village And Post Raipura Via Ranoli, District Sikar (Raj.).

¶16

----Petitioner

¶17

Versus

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The Rajasthan Public Service Commission, Ajmer Through Its Chairman, Ajmer (Raj.).

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The Director, Secondary Education, Bikaner.

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----Respondents

¶21

S.B. Civil Writ Petition No. 1778/2021

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Bhagirath S/o Shri Hapoo Ram, Aged About 36 Years, R/o Chitalwana, Tehsil Chitalwana, District Jalore.

----Petitioner

Versus

(2 of 10)

State Of Rajasthan, Through Secretary, Department Of Education , Government Of Rajasthan, Secretariat, Jaipur.

¶27

The Director, Secondary Education, Rajasthan, Bikaner.

¶28

Rajasthan Public Service Commission, Rajasthan, Ajmer.

¶29

----Respondents

¶30

S.B. Civil Writ Petition No. 1891/2021

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Suman Devi W/o Jagdish Chandra, Aged About 33 Years, Vpo Deeplana, Tehsil Nohar District Hanumangarh.

¶32

Neha Sharma W/o Amit Kumar Mishra, Aged About 32 Years, 33, Sarvodaya Enclave, Govindpura, Jhotwara, Jaipur.

¶33

Vijay Kumar Lodiya S/o Ramswaroop Lodiya, Aged About 31 Years, Ward No.1, Bairva Ki Dhani, Vpo Titariya, Tehsil Chaksu District Jaipur.

¶34

Santosh Kumar Meena S/o Khemraj Meena, Aged About 27 Years, Vpo Rasidpur, Tehsil Mahva, District Dausa.

¶35

----Petitioners

¶36

Versus

¶37

State Of Rajasthan, Through The Secretary, Department Of Education (Gr.ii), Govt. Of Rajasthan, Secretariat, Rajasthan, Jaipur.

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Rajasthan Public Service Commission, Rajasthan, Ajmer Through Its Secretary.

¶39

----Respondents

¶40

S.B. Civil Writ Petition No. 2023/2021

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Ramswaroop Jat S/o Chhoga Ram Jat, Aged About 30 Years, Kundiyas Tehsil Parbatsar, District Nagaur, Rajasthan.

¶42

----Petitioner

¶43

Versus

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State Of Rajasthan, Through The Principal Secretary Education Department Govt. Secretariat, Jaipur (Rajasthan).

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The Director (Secondary Education), Rajasthan, Bikaner (Rajasthan).

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Rajasthan Public Service Commission, Through The Secretary, Ajmer

¶47

----Respondents

¶48

(3 of 10)

¶49

S.B. Civil Writ Petition No. 2061/2021

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Prema Ram S/o Shri Pokar Ram, Aged About 39 Years, R/o House No. 58, Bhagat Ki Kothi Extension Scheme, Bhagat Ki Kothi, Jodhpur, Rajasthan.

¶51

----Petitioner

¶52

Versus

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State Of Rajasthan, Through The Secretary Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

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Rajasthan Public Service Commission, Through The Secretary, Ajmer.

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Director, Directorate Of Secondary Education, Bikaner.

¶56

----Respondents

¶57

S.B. Civil Writ Petition No. 2794/2021

¶58

Mahendra Singh S/o Shri Madan Singh, Aged About 32 Years, R/o Plot No. 190, Shri Ram Nagar Colony, Behind Rto Office, Jodhpur.

¶59

----Petitioner

¶60

Versus

¶61

Rajasthan Public Service Commission, Ajmer, Through Its Secretary.

¶62

State Of Rajasthan, Through Director, Secondary Education Rajasthan, Bikaner.

¶63

----Respondents

¶64

S.B. Civil Writ Petition No. 2386/2021

¶65

Priyanka Kameriya D/o Rajendra Singh Kameriya, Aged About 25 Years, R/o Plot No. 83-84 Sainik Basti, Nagaur, Tehsil Nagaur, District Nagaur, Rajasthan.

¶66

----Petitioner

¶67

Versus

¶68

State Of Rajasthan, Through Principal Secretary Education Department Govt. Secretariat, Jaipur (Rajasthan)

¶69

The Director (Secondary Education), Rajasthan, Bikaner (Rajasthan)

¶70

Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

¶71

----Respondents

¶72

(4 of 10)

¶73

S.B. Civil Writ Petition No. 2615/2021

¶74

Chandrabhan S/o Shri Kishori Lal, Aged About 27 Years, R/o Village Akalkhora , Tehsil Osian , Distt. Jodhpur , Rajasthan.

¶75

Suresh Kumar S/o Prabhuram, Aged About 29 Years, R/o Village Pratapnagar , Tehsil Dhorimanna , Distt. Barmer , Rajasthan .

¶76

Kheta Ram S/o Shri Gaduka Ram, Aged About 31 Years, R/o Village Siyani , Tehsil Ramwas , Distt. Barmer , Rajasthan .

¶77

Bhirma Ram Katariya S/o Shri Daya Ram Katariya, Aged About 24 Years, R/o Katariya Krishi Farm , Naya Bera , Tiwari , Jodhpur , Rajasthan.

¶78

Surajmal S/o Shri Amra Ram, Aged About 30 Years, R/o Santosh Taior , Sabji Mandi , Nehru Market , Bhinmal Distt. Jalore, Rajasthan.

¶79

Meenakshi Tiwadi D/o Shri Ramswaroop, Aged About 30 Years, R/o New Light Colony , Behind , Telephone Exchange , Bilara , Distt. Jodhpur , Rajasthan.

¶80

Bharat Singh Rajpurohit S/o Shri Jog Singh, Aged About 39 Years, R/o Village Badawas , Sankarna , Tehsil Ahore , Distt. Jalore , Rajasthan

¶81

----Petitioners

¶82

Versus

¶83

The Raj. Public Service Commission, Through Its Secretary , Ghughraghati , Jaipur Road, Ajmer.

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The Secretary ,rajasthan Public Service Commission, Ghughraghati , Jaipur Road, Ajmer.

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The Joint Secretary, Rajasthan Public Service Commission , Ghughraghati , Jaipur Road, Ajmer.

¶86

The Director, Secondary Education , Directorate , Bikaner.

¶87

----Respondents

¶88

S.B. Civil Writ Petition No. 2146/2021

¶89

Prem Lata Paliwal D/o Kanwar Lal Paliwal, Aged About 30 Years, R/o Ayushi Medical Agency, Daw Ki Dhani, Gate No. 1, Pratap Nagar, District Jodhpur, Rajasthan.

¶90

(5 of 10)

¶91

Chena Ram S/o Shri Karna Ram, Aged About 34 Years, R/o Village And Post Rawar, Tehsil Bilara, District Jodhpur, Rajasthan.

¶92

Tarachand Gurjar S/o Shri Karni Ram, Aged About 27 Years, R/o Balaji Ka Nada, Beri, Ward No. 8, District Sikar, Rajasthan.

¶93

Chhotu Ram Gurjar S/o Shri Dhansi Ram, Aged About 36 Years, R/o Ward No. 6, Tehsil Udaipurwati, Manaksas, District Jhunjhunu, Rajasthan.

¶94

Naga Ram S/o Shri Deva Ram, Aged About 27 Years, R/o Village And Post Bhadwal, Tehsil Sanchore, District Jalore, Rajasthan.

¶95

----Petitioners

¶96

Versus

¶97

The Rajasthan Public Service Commission, Through Its Secretary, Ghughraghati, Jaipur Road, Ajmer.

¶98

The Secretary, Rajasthan Public Service Commission, Ghughraghati, Jaipur Road, Ajmer.

¶99

The Joint Secretary, Rajasthan Public Service Commission, Ghughraghati, Jaipur Road, Ajmer.

¶100

The Director, Secondary Education, Directorate, Bikaner. ----Respondents

¶101

S.B. Civil Writ Petition No. 2699/2021

¶102

Raghuvir S/o Shri Bhura Ram, Aged About 39 Years, R/o House No. 413, Jato Ka Bas Area, Gram Panchayat Pichiyak, Tehsil Bilara, District Jodhpur, Rajasthan.

¶103

----Petitioner

¶104

Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Secondary Education, Bikaner, Rajasthan. 3. Rajasthan Public Service Commission, Through Its Secretary, Ajmer, Rajasthan.

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The Secretary, Rajasthan Public Service Commission, Ajmer , Rajasthan.

¶108

----Respondents

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(6 of 10)

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S.B. Civil Writ Petition No. 2881/2021

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Santosh D/o Shri Bhura Ram Ramesha W/o Shri Parabat Kumar, Aged About 34 Years, R/o C/o Ranglal Ji Iti Road, Santpur, Abu Road, District Sirohi (Raj.)

¶112

----Petitioner

¶113

Versus

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State Of Rajasthan, Secondary Education Department, Through Its Principal Secretary, Govt. Secretariat, Jaipur (Raj.)

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Rajasthan Public Service Commissioner, Through Its Secretary, Ajmer (Raj.)

¶116

Dy. Secretary, Exam Rajasthan Public Service Commissioner, Ajmer (Raj.)

¶117

----- Respondents

¶118

S.B. Civil Writ Petition No. 2886/2021

¶119

Bhagwan Singh S/o Sher Singh, Aged About 29 Years, R/o Village Pandith Ji Ki Dhani, Tehsil Osian, District Jodhpur, Rajasthan.

¶120

Joita Ram Devasi S/o Amba Ram Devasi, Aged About 32 Years, R/o Rebariyo Ka Vas, Nainol, Jalore, Rajasthan.

¶121

Bhajan Lal S/o Bhagirath Ram, Aged About 29 Years, R/o 261, Vishaniyon Ki Dhani, Danta, Sarnau, Jalore, Rajasthan.

¶122

Mansab Khan S/o Sanwat Khan, Aged About 38 Years, R/o Village Beri Chhoti, Berikalan, Nagaur, Rajasthan.

¶123

Bhagwan Singh Parmar S/o Nathu Singh Parmar, Aged About 37 Years, R/o Undkha, Barmer, Rajasthan.

¶124

Kapil Godara S/o Ramsingh Godara, Aged About 37 Years, R/o Village Godara Ka Bas, Post Ojtou, Tehsil Chirawa, District Jhunjhunu, Rajasthan.

¶125

Santosh Kumar Meena S/o Chote Lal Meena, Aged About 39 Years, R/o Adoli, District Alwar, Rajasthan.

¶126

Sita Ram Arya S/o Birdhi Lal Arya, Aged About 28 Years, R/o 184, Tejaji Ka Mohalla, Deepari Chambal, Kota , Rajasthan.

¶127

Sandeep Yadav S/o Shrichand Yadav, Aged About 31

¶128

(7 of 10)

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Years, R/o Vpo Heerwa, Tehsil Buhana, District Jhunjhunu, Rajasthan.

¶130

Vishnu Kumar Sharma S/o Ram Avatar Sharma, Aged About 34 Years, R/o Vpo Parana, Tehsil And District Tonk, Rajasthan.

¶131

Mamta Doon S/o Ram Gopal Doon, Aged About 29 Years, R/o Village Tejpura, Post Hanutiya, Via Amarsar, Tehsil Sahapura, District Jaipur, Rajasthan.

¶132

Kaushal Singh Bhati S/o Nagendra Kumar, Aged About 30 Years, R/o 124, Sah Godam, Ayani , District Kota, Rajasthan.

¶133

Vijay Singh S/o Rajpal, Aged About 31 Years, R/o Nayasar, District Jhunjhunu, Rajasthan.

¶134

Ramgopal Meena S/o Badri Narayan Meena, Aged About 27 Years, R/o Vpo Khora Meena, Tehsil Amer, District Jaipur, Rajasthan.

¶135

Mahesh Chand S/o Nanak Chand, Aged About 29 Years, R/o Harsoli, Alwar, Rajasthan

¶136

----Petitioners

¶137

Versus

¶138

1. State Of Rajasthan, Through Its Secretary, Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur.

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Director, Secondary Education, Bikaner, Rajasthan.

¶140

Rajasthan Public Service Commission, Through Its Secretary, Jaipur Road, Ajmer, Rajasthan.

¶141

----Respondents

¶142

S.B. Civil Writ Petition No. 3036/2021

¶143

Vivek Kumar Labana S/o Shri Surendra Singh Labana, Aged About 26 Years, R/o Village And Post Rathdhanraj, Sajjangarh, District Banswara, Rajasthan.

¶144

----Petitioner

¶145

Versus

¶146

The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Bikaner (Raj.)

¶147

(8 of 10)

¶148

The Rajasthan Public Service Commission, Through Secretary, Ajmer (Raj.)

¶149

The Deputy Secretary, Rajasthan Public Service Commission, Ajmer (Raj.)

¶150

The Director, Secondary Education, Rajasthan, Bikaner (Raj.)

¶151

----Respondents

¶152

S.B. Civil Writ Petition No. 2787/2021

¶153

Pukhraj S/o Shri Heera Ram, Aged About 26 Years, R/o Bhalni , Distt. Jalor , Rajasthan .

¶154

----Petitioner

¶155

Versus

¶156

Rajasthan Public Service Comm. Ajmer, Through Its Secretary .

¶157

State Of Rajasthan, Through Director , Secondary Education Rajasthan , Bikaner .

¶158

----Respondents

¶159

S.B. Civil Writ Petition No. 1247/2021

¶160

Rakesh Vishnoi S/o Shri Raja Ram Vishnoi, Aged About 25 Years, R/o V.p.o. Alai, Teh. And District Nagaur.

¶161

----Petitioner

¶162

Versus

¶163

Rajasthan Public Service Commission, Ajmer Through Its Secretary.

¶164

State Of Rajasthan, Through Director, Secondary Education Rajasthan, Bikaner.

¶165

----Respondents

¶166

For Petitioner(s)	:	Mr. Kailash Jangid, Mr. M.S. Shekhawat, Mr. Kuldeep Mathur, Mr. Ramesh Kumar, Mr. S.S. Gaur, Mr. Mukesh Mehriya, Mr. Chandraveer Singh Shekhawat, Mr. Vikram Singh Bhawla, Mr. Mahaveer Bishnoi, Mr.
		Vijay Bishnoi, Dr. Nikhil Dungawat, Mr. Mohit Singh Choudhary.
For Respondent(s)	:	Mr. Mahesh Thanvi, Mr. Vinit Sanadhya, Mr. Vishal Jangid, Dy.GC.

¶167

(9 of 10)

¶168

HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

¶170

01/03/2021

¶171

All these petitions pertaining to the recruitment to the post of Lecturer (College Education), the petitioners have questioned the validity of the answer key, model as well as final.

¶172

Learned counsel for the respondent-RPSC submits that in similar petitions filed at Jaipur Bench in Kamal Yadav v. State of Rajasthan & Ors. : SBCWP No.638/2021, decided on 07.02.2021, a Co-ordinate Bench of this Court has passed the orders, which are being followed by the RPSC and therefore, the present petitions may also be disposed of in light of and with the similar directions as given in the case of Kamal Yadav (supra).

¶173

Learned counsel for the petitioners have no objection.

¶174

In the case of Kamal Yadav (supra), the Bench at Jaipur passed the following order :-

¶175

"1. Learned counsel for the petitioners has pointed out discrepancies in the final answer key. It is stated that in the model answer key, correct answer was mentioned and, therefore, there was no occasion for the petitioners to object to the model answer key. However, in the final answer key published by the RPSC, the answers which were mentioned in the model answer key have been changed resulting in wrong answer being included. An example has been given of Question No.72.

¶176

Learned counsel appearing for the RPSC has produced the copy of the expert opinion, however, this Court finds that the expert opinion does not contain experts of law.

¶177

In the case Vikesh Kumar Gupta & Anr. versus State of Rajasthan & Ors. (2020) 13 SCALE 689 the Supreme Court has held that High Courts ought not interfere with the examination process generally and as the Courts cannot be said to be expert body however, this Court finds that candidates were not given an opportunity to put their objections relating to the final answer key although as per them, their answers were correct as per model answer key. This aspect requires to be examined at the level of RPSC.

¶178

Leaving it open for the RPSC to examine the aspect and allow them to form a special expert committee consisting of experts in the field relevant.

¶179

(10 of 10)

¶180

The present writ petition is disposed of. It is made clear that if there are other writ petitions wherein other questions have been put to challenge, the RPSC at its own level may examine the said aspect and take decisions appropriately.

¶181

Learned counsel for the respondent/s submits that complication relating to appointment may arise, if the result is revised. In the interest of justice in order to avoid any complications, the State would be well advised not to take decision to issue appointment orders for two weeks till the RPSC takes a decision as above.

¶182

All pending applications shall also stand disposed of."

¶183

In view of the submissions made, the writ petitions filed by the petitioners are disposed of with the similar directions / observations as given in the case of Kamal Yadav (supra).

¶184

(ARUN BHANSALI),J

¶185

29 to 35, 46, 49, 50, 51, 52, 53, 57, 140 & 141-Rmathur/-

Priyanka Kameriya v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Priyanka Kameriya v. State of Rajasthan

Case brief

What is this about?

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