Dismissed

Ayazuddin S/O Shri Niwaz Khan v. State of Rajasthan

Rajasthan HC23 Jul 2024WMAP/113/2024

Case brief

AI extract

What is this about?

The Bench dismissed two Civil Review Petitions and a Civil Miscellaneous Application challenging an order directing an Expert Committee to re-evaluate answer sheets for District Judge Cadre posts. The court held that the remedy existed in the Supreme Court.

What did the court decide?

petitioners' faculties to reconsider and review the order dated 14.02.2024 and seek correction or modification are dismissed.

Ayazuddin S/O Shri Niwaz Khan Vs State of… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JP:30386-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Civil Review Petition No. 93/2024

¶4

¶5

D.B. Civil Writ Petition No.17542/2022

¶6

Pradeep Malik S/o Surajmal Malik, Aged About 42 Years, R/o D-41, Prem Nagar, Jhotwara, Jaipur, Rajasthan.

¶7

Narendra Mohan S/o Shri G.L. Choudhary, Aged About 46 Years, R/o 1022, Barkat Nagar, Tonk Phatak, Jaipur, Rajasthan.

¶8

Sanjay Kumar Jatav S/o Shri Ram Chandra, R/o 168, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur, Rajasthan.

¶9

Anirudh Singh Shekhawat S/o Shri Pushpendra Singh Shekhawat, R/o B-77, Raman Marg, Tilak Nagar, Jaipur, Rajasthan.

¶10

Gagan Khan Mehar S/o Shri Dareeya Khan Mehar, R/o VPO Meharon Ki Dhani, Teh Fathegarh, Jaisalmer, Rajasthan.

¶11

Kuldeep Kishor Sharma S/o Shri Kalyan Sahai Sharma, R/o Plot No. 5, Kailash Colony Saran Tiraha, Bassi, Dist. Jaipur, Rajasthan.

¶12

Vimal Singh Faujdar S/o Shri Hari Singh Faujdhar, R/o 4- H-305, Indira Gandhi Nagar, Jagatpura, Jaipur, Rajasthan.

¶13

Manoj Kumar Bhagwat S/o Shri Bishamber Dayal Bhagwat, R/o B-162, Dayanand Nagar, 200 Feet Road, Alwar, Rajasthan.

¶14

Narendra Mewara S/o Shri Uttam Chand Chaudhary, R/o D 26, Radha Vihar, New Sanganer Road, Sodala, Jaipur, Rajasthan.

¶15

Mor Mukut Gothwal S/o Shri Ashok Kumar, R/o Plot No. 13-A, Sharma Colony, 22 Godown, Jaipur, Rajasthan.

¶16

Rajveer Singh Gurjar S/o Shri Rupe Singh Gurjar, R/o 192/268 Opposite Jankidevi School, Sector 19, Pratap Nagar, Jaipur, Rajasthan.

¶17

Rishi Raj Singh S/o Shri Jai Singh Beniwal, R/o Ward No 60, Karni Nagar, Hanumangarh Jh. Rajasthan

¶18

(2 of 11)

¶19

[2024:RJ-JP:30386-DB]

¶20

[WRW-93/2024]

¶21

Chander Prakash S/o Shri Ran Singh Bharia, R/o Vpo Gari Chhani, Bhadra, Hanumangarh, Rajasthan

¶22

Parmindra Dadich S/o Shri B. L. Dadich, R/o Near Abohar Dharamshala, Post Salasar, Churu, Rajasthan

¶23

Rajesh Kumar Rao S/o Shri Ram Sahai Rao, R/o Plot No 163B Ganesh Vihar, Mukundpura Road, Bhankrota, Jaipur, Rajasthan

¶24

Tarun Kumar Kumawat S/o Shri Shyoji Ram Kumawat, R/o 54, Jagannathpuri, Kalwar Road, Jhotwara, Jaipur, Rajasthan

¶25

Chandra Kant Chauhan S/o Shri Rameshwar Singh, R/o Vpo Maloni Panwar, Tehsaipau, Dholpur, Rajasthan

¶26

Pankaj Sharma S/o Late Harphool Sharma, R/o 176-A, Swami Vihar, Nirman Nagar, Jaipur, Rajasthan

¶27

Suman Rao D/o Shri Lal Singh Rao, R/o House No 19, Mahadev Nagar, Gandhi Path, Vaishali Nagar, Jaipur, Rajasthan

¶28

Monika Mishra D/o Shri Rajkumar Sharma, R/o 274,a B Ganesh Nagar Extension Kardhani, Kalwar Road, Jhotwara, Jaipur, Rajasthan

¶29

Teeku Ram Garg S/o Shri Labhu Ram Garg, R/o 324, Dr. L.l. Achalvanshi Colony, Jaisalmer, Rajasthan

¶30

Bhawra Ram S/o Shri Mota Ram, R/o Veeram Nagar,jalipa, Barmer, Rajasthan

¶31

Rehana Praveen D/o Shri Ameen Khan, R/o Ward No 43, Gur Mandi, Hanumangarh Town, Rajasthan

¶32

Yogesh Kumar Sharma S/o Shri Mool Chand Sharma, R/o A-12, Shiv Colony, Barkat Nagar, Jaipur, Rajasthan

¶33

Sunit Kumar Shrimali S/o Shri Bhawani Shankar Shrimali, R/o Vill Biliyasuwaniya, Chittorgarh, Rajasthan

¶34

Ramawtar S/o Lalaram, R/o Village And Post-Ishroda, Tehsil-Tijara, Alwar, Rajasthan

¶35

Alka Sharma D/o Shri Vijay Gopal Sharma, R/o 3, Hope Circus, Alwar, Rajasthan

¶36

Kavita Pingoliya D/o Kishan Lal, R/o Plot No 20,bhawati Nagar -Ii Kartarpura, Jaipur, Rajasthan

¶37

Prem Bai Meena D/o Shri Kishan Lal Meena, R/o Bhugor By Passtiraya Mega Highway, Rajgarh Road, Alwar,

¶38

(3 of 11)

¶39

[2024:RJ-JP:30386-DB]

¶40

[WRW-93/2024]

¶41

Rajasthan

¶42

Mangtu Ram S/o Shri Sadhu Ram, R/o Chak-23, Ps-C Raisinghnagar, Sri Ganganagar, Rajasthan

¶43

Neeraj S/o Shri Raje Ram, R/o Vpo Kural Thsil Loharu, District Bhiwani, Haryana

¶44

Ram Bilash Sharma S/o Nanag Ram Sharma, R/o Plot No 10A, Scheme10B Vistar, Near Travani Nagar,gopalpura Bypass, Jaipur, Rajasthan

¶45

Alka Rani D/o Durga Prasad Sharma, R/o Jaswant Nagar, Khatipura Road, Jaipur, Rajasthan

¶46

Jetha Ram S/o Shri Arjun Ram, R/o Raymal Colony,tharad Road, Ward No 19, Sanchore, Jalore, Rajasthan

¶47

Ravi Kumar Sharma S/o Girraj Prasad Sharma, R/o 54,ramanand Nagar, Behind Lal Diggi, Alwar, Rajasthan

¶48

Mahesh Kumar Narnolia S/o Shri Tarachand, R/o VpoNawalri, Nawalgarh, Jhunjhunu, Rajasthan

¶49

Mohan Nath Sidh S/o Shri Bhanwar Lal, R/o Ward No 09, Momasar Bass, Sri Dungargarh, Bikaner, Rajasthan

¶50

Ankur Srivastava S/o Shri R K Srivastava, R/o 1/105, Sfs, Near Icg College, Agarwal Farm, Mansarover, Jaipur, Rajasthan

¶51

Shanu Goyal D/o Shri Vishnu Dutt Goyal, R/o 55/36, Rajat Path, Mansarover, Jaipur, Rajasthan

¶52

Seema Shekhar D/o Shri N.r. Kala, R/o Flat No S-1, P. No. 79, Welcome Residency, Adinath Nagar, Sirsi Road, Jaipur, Rajasthan

¶53

Sonal Shrivastava S/o Shri Tara Shankar Shrivastava, R/o 119/247, Agarwal Farm, Mansarover, Jaipur, Rajasthan

¶54

Sunita Meena D/o Harphool Singh Meena, R/o 111/343, Agarwal Farm, Mansarover, Jaipur, Rajasthan

¶55

Mukesh Kumar Dehru S/o Shri Bal Ram Deharu, R/o Vpo Bhompura, Tehsil And Distt. Hanumangarh, Rajasthan

¶56

Manoj Kumar S/o Shri Laxmi Naryan Pareek, R/o Gali No 02, Gandhi Nagar, Barmer, Rajasthan

¶57

Mukesh Chandra Sharma S/o Shri Naryanlal, R/o Village Post Sadri Tehsil Railmagra, Rajsamand, Rajasthan

¶58

Sita Sharma D/o Jagdish Naryan Sharma, R/o 97, Om

¶59

(4 of 11)

¶60

[2024:RJ-JP:30386-DB]

¶61

[WRW-93/2024]

¶62

Enclave Vijayapura Road, Purani Chungi, Agra Road, Jaipur, Rajasthan.

¶63

Sagar Tiwari S/o Shri Rama Kant Tiwari, R/o 41, Shyam Nagar, Jhotwara, Jaipur, Rajasthan

¶64

Dr. Anjana Arya D/o Shri Satya Dev Arya, R/o 50, Jankpuri, Aadarsh Colony Daudpur, Alwar, Rajasthan

¶65

Anuj Sharma S/o Shri Ramswaroop Sharma, R/o Plot No 6, Behind Kirti Sweet, Purana Ghat Gate, Goner Road, Jaipur, Rajasthan

¶66

Ishrat D/o Lal Mohammad, R/o Shri Ji Ki Mori,tripoliya Bazar, Jaipur

¶67

----Petitioners

¶68

Versus

¶69

The Registrar (Examination), Rajasthan High Court, Jodhpur, Rajasthan

¶70

Rajasthan High Court, Through Its Registrar General, Rajasthan High Court Bench At Jaipur, Rajasthan.

¶71

–--Respondents

¶72

Suman Sharma D/o Shri Ram Lal Sharma, R/o C-75, Vashali Nagar, Jaipur, Rajasthan

¶73

Bhupinder Singh S/o Shri Rajwant Singh, R/o VillKarnisar, Post Office Karnisar-Sahjipura, Hanumangarh, Rajasthan

¶74

Yaduraj Mishara S/o Shri Vikash Chandra Mishra, R/o D- 52,prem Colony, Nehr Nagar Panipech, Jaipur, Rajasthan

¶75

Arti Goyal D/o Late Shri Ganga Prasad Gupta, R/o C-280, Nirman Nagar, Ajmer Road, Jaipur, Rajasthan.

¶76

Gunjan Sharma D/o Shri Mahendra Sharma, R/o 34/3, Kiran Path, Mansarover, Jaipur, Rajasthan

¶77

Sudesh Kumar Sattwan S/o Brajesh Kumar, R/o D-1020, Ashina Greenwood Near Shooting Range, Jaipur, Rajasthan

¶78

----Proforma-Respondents/Writ Petitioners

¶79

(5 of 11)

¶80

[2024:RJ-JP:30386-DB]

¶81

[WRW-93/2024]

¶82

Connected With

¶83

D.B. Civil Review Petition No. 101/2024

¶84

¶85

D.B. Civil Writ Petition No.17763/2022

¶86

Mayank Kumar Choudhary S/o Pratap Singh Choudhary, Aged About 45 Years, R/o 93/82 Mansarovar, Jaipur.

¶87

Vaibhav Bhargava S/o Sh Rajeev Bhargava, Aged About 37 Years, R/o 305, Rangoli Gardens Maharana Pratap Marg Village Kanakpura Jaipur.

¶88

--Petitioners

¶89

Versus

¶90

The Rajasthan High Court Of Judicature For Rajasthan, Through Its Registrar General, Jodhpur, Rajasthan

¶91

The Registrar (Examination) Of The High Court Of Judicature For Rajasthan, Jodhpur, Rajasthan.

¶92

State Of Rajasthan, Through Principal Secretary, Law And Legal Affairs Department, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

¶93

–-Respondents

¶94

Vidya Nand Gupta S/o Sh. Mohal Lal Gupta, Aged About 47 Years, Resident Of Ward No. 25, Purana Bazar, Lakheri, Bundi, Rajasthan.

¶95

Ketan Kumar Garg S/o Sh. Parasmal Garg, Aged About 40 Years, Resident Of Udaipur Road, Near Bus Stand, Pindwara, Tehsil Pindwara, Sirohi, Rajasthan.

¶96

Rakesh Kumar S/o Sh. Jeevraj Singh, Aged About 38 Years, Resident Of Manawato Ka Bas, Mada, Pali, Rajasthan.

¶97

Tarun Kumar S/o Sh. Panna Lal, Aged About 40 Years, Resident Of Village Bamnera, Tehsil Sumerpur, Pali, Rajasthan.

¶98

Nitin Kumar S/o Sh. Nathulal Agarwal, Aged About 47 Years, Resident Of 1/67, Housing Board Colony, Pindwara, Sirohi, Rajasthan.

¶99

Shrawan Singh S/o Sh. Pabu Singh, Aged About 39

¶100

(6 of 11)

¶101

[2024:RJ-JP:30386-DB]

¶102

[WRW-93/2024]

¶103

Years, Resident Of Village Undra, Post Veerwara, Sirohi, Rajasthan.

¶104

Laxman Lal S/o Sh. Champa Lal, Aged About 44 Years, Resident Of Vpo Alawas, Via Sojat Road, Tehsil Sojat, Pali, Rajasthan.

¶105

Naresh Kumar Rabari S/o Sh. Jora Ram Rabari, Aged About 37 Years, Resident Of Vpo Mandawara, Khalsa Teh. Pindwara, District Sirohi, Rajasthan.

¶106

Vijay Kumar Chauhan S/o Sh. Sharwan Kumar, Aged About 44 Years, Resident Of Outside Nagori Gate, Ram Mohallaroad, Gali No. 1, Jodhpur Rajasthan

¶107

Rancha Ram Grasia S/o Navaji Grasia, Aged About 41 Years, Resident Of Gopeshwarmnadir Schoolke Pass Kalumbari Post Varli Sirohi Rajasthan

¶108

Ganesh Ram Meena S/o Mangla Ram Meena, Aged About 46 Years, Resident Of Village Rewant, Post Lamgod Tehsil Degana Nagaur Rajasthan

¶109

Shusma Agarwal D/o Chote Lal Agarwal, Aged About 43 Years, Resident Of 3/182 Ganesh Talaab Dadabari Kota Rajasthan

¶110

Vandana Nagar D/o Madan Lal Nagar, Aged About 44 Years, R/o House No.5 Sarang Palace Shakti Vihar In Front Of Agriculture University Borkheda Kota Rajasthan.

¶111

Deepak Kumar Goyal S/o Sampat Ram Goyal, Aged About 37 Years, R/o 6-M-21 Jhawahar Nagar Shri Ganganagar Rajasthan

¶112

Chena Ram S/o Bhagu Ram, Aged About 47 Years, R/o Village Dhigal Post Akoda Tehsil Didwana, Nagur Rajasthan.

¶113

--Proforma-Respondents/Writ Petitioners

¶114

D.B. Civil Miscellaneous Application No. 113/2024

¶115

¶116

D.B. Civil Writ Petition No.8083/2023

¶117

Ayazuddin S/o Shri Niwaz Khan, Aged About 43 Years, Resident of House No. 26 Sadhbhawna Nagar, Near Aisha Maszid, Goner Road, Kho Nagoriyan, Jaipur.

¶118

Manisha Chawla Daughter Of Sh. Basant Kumar

¶119

(7 of 11)

¶120

[2024:RJ-JP:30386-DB]

¶121

[WRW-93/2024]

¶122

Chawla, Aged About 40 Years, Resident Of B-82, Triveni Nagar, Gopal Pura Bye Pas, Jaipur

¶123

Nishant Kumar S/o Sh.k.r. Alha, Resident Of A/16, Shiv Parvati Colony, Swarnpath, Mansoarovar, Jaipur.

¶124

Kapil Totla S/o Late Sh.vivek Kumar Totla, Aged About 41 Years, Resident Of Flat No.u-7, Krishna Apartment, C-4, Hathi Babu Marg, Bani Park, Jaipur.

¶125

Rupendra Kumar Sharma S/o Sh. Gopal Krishna Sharma, Aged About 38 Years, Resident Of 1525, Teli Mohalla, Near Government Senior Secondary School, Kalyan Ganj, Bassi Jaipur.

¶126

Minaxi Mewara D/o Shankar Lal Mewara, Aged About 41 Years, Resident Of House No.91, Gate No.1, Rajat Grih Colony, Bundi

¶127

Arvind Kumar Arora S/o Gyan Chand Arora, Aged About 44 Years, Resident Of C-74, J.p. Colony, Tonk Phatak, Jaipur

¶128

----Petitioners

¶129

Versus

¶130

State Of Rajasthan, Through Its Secretary, Department Of Law And Legal Affairs, State Secretariat, Bhagwan Das Road, Jaipur (Rajasthan).

¶131

High Court Of Judicature Of Rajasthan, Through Its Registrar General, Jhalamand Area, Jodhpur (Rajasthan)

¶132

The Registrar (Examination), Rajasthan High Court, Jodhpur (Rajasthan).

¶133

----Respondents

¶134

For Petitioner(s)	: Mr. Kamlakar Sharma, Sr. Adv. assisted by Mr. Madhusudan Singh Rajpurohit, in D.B. Review Petition (Writ) No.93/2024,
	Mr. Angad Mirdha, in D.B. Review Petition
	(Writ) No.101/2024 &
	Mr. Sunil Samdaria, in D.B. Writ
	Miscellaneous Application No.113/2024
For Respondent(s)	: Mr. Vigyan Shah

¶135

(8 of 11)

¶136

[2024:RJ-JP:30386-DB]

¶137

[WRW-93/2024]

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL Order

¶139

RESERVED ON :: 19.07.2024 PRONOUNCED ON :: 23.07.2024

¶140

(Per Hon’ble Pankaj Bhandari, J.)

¶141

Matter comes up on D.B. Civil Review Petition No.93/2024 & D.B. Civil Review Petition No.101/2024 filed by the petitioners to reconsider and review the order dated 14.02.2024 as well as on D.B. Civil Miscellaneous Application No.113/2024, seeking correction/modification in the order dated 14.02.2024 passed by this Court.

¶142

Vide order dated 18.04.2023, this Court had passed the following directions, which are as under:-

¶143

“12. We therefore, deem it proper to request Justice Govind Mathur, former Judge of Rajasthan High Court and former Chief Justice of Allahabad High Court to look into the answersheets and communicate his views, suggestions and findings.

¶144

Registrar (Examination) is directed to take answer-sheets of all the writ petitioners and of the four candidates who have cleared the examination, to Justice Govind Mathur who will in addition to the copies of four selected candidates would also examine answer-sheets of Roll numbers-510735 and 510777 and randomly pick up answer-sheets of writ petitioners at his discretion.”

¶145

The report submitted by Justice Govind Mathur was however found to be not exhaustive on findings pertaining to the issues/questions referred for examination, hence, this Court vide

¶146

(9 of 11)

¶147

[2024:RJ-JP:30386-DB]

¶148

[WRW-93/2024]

¶149

order dated 14.02.2024, had passed the following directions, which are as under:-

¶150

“33. We, therefore, deem it proper to direct the Examination Cell of the High Court to constitute an Expert Committee consisting of Eminent Jurists/Professors. The Expert Committee would pick up 20 copies of each paper randomly and shall examine and evaluate the same and while evaluating the answer-sheets, the Expert Committee will be free to take into consideration the length of the paper and the time provided for answering the questions. The Examination Cell shall mask the numbers, which the candidates have obtained and then provide it to the Expert Committee. After the copies are evaluated, the Examination Cell shall prepare a tabular chart depicting the marks awarded presently and the marks awarded after the copies are examined by the Expert Committee. The average difference in the marks, be it more or less should then be brought to the notice of the High Court. The High Court while considering the same and for maintaining efficiency in service would take a decision on administrative side as to whether:

¶151

(a) No modification is required to be

¶152

made in the result;

¶153

(b) Bonus marks should be awarded to all the candidates and;

¶154

¶155

It is made clear that exercise made in pursuance of this order would not have any bearing on the result of 4 candidates, who have already been recruited to the District Judge Cadre. We direct that the above exercise be completed expeditiously and all remaining vacancies in above advertisement will be subject

¶156

(10 of 11)

¶157

[2024:RJ-JP:30386-DB]

¶158

[WRW-93/2024]

¶159

to the outcome of the above exercise. We make it clear that secrecy would be maintained with regard to the copies picked up for re- valuation by the Expert Committee and marks awarded by the Expert Committee and tabular chart prepared by the Examination Cell shall not be provided to any candidate. Looking to the controversy and allegations with regard to evaluation by Officers of the District Judge Cadre, we deem it proper to advise the Examination Cell to get the copies examined by Eminent Jurists/Professors in ensuing examinations.”

¶160

It is requested by counsels appearing for the petitioners that the answer sheets/copies referred to in the order dated 18.04.2023, i.e. Roll Nos. 510735 & 510777, should be included among 20 randomly picked copies/answer-sheets of each paper to be examined by the Expert Committee in pursuance of the directions given by this Court vide order dated 14.02.2024. It is also requested that the remaining copies/answer-sheets to be examined by the Expert Committee, should be picked from the copies/answer-sheets of the writ petitioners, instead of picking any 20 random copies of each paper.

¶161

It is contended by counsels appearing for the petitioners that since the High Court is a party, the report of the Expert Committee should have been directed to be placed before the Court on the judicial side instead of sending it before the High Court on administrative side.

¶162

Mr. Vigyan Shah, counsel appearing for the High Court, has opposed these Review Petitions as well as Civil Misc. Application filed by the petitioners. It is contended that there is no error

¶163

(11 of 11)

¶164

[2024:RJ-JP:30386-DB]

¶165

[WRW-93/2024]

¶166

apparent on the face of the order. The Special Leave Petition preferred by the High Court against the impugned order has been dismissed by the Hon’ble Apex Court. The mechanism, as provided by the High Court cannot be changed in exercise of review jurisdiction.

¶167

We have considered the contentions.

¶168

The order dated 14.02.2024 passed by this Court was challenged by the High Court in SLP before the Apex Court, which has been dismissed by the Apex Court. The order impugned was not challenged by any of the petitioners before the Apex Court, thus, it has attained finality. If the petitioners are aggrieved by the order or mechanism, as provided by this Court for dealing with the answer-sheets, they are well within their rights to challenge it before the Apex Court.

¶169

We are of the view that the relief as sought for by the petitioners does not come in purview of review jurisdiction, as granting the same to them, would tantamount to modifying the entire directions issued by this Court, which has been upheld uptil the Apex Court.

¶170

Consequently, Civil Review Petition No.93/2024 & Civil Review Petition No.101/2024 filed by the petitioners to reconsider and review the order dated 14.02.2024 and Civil Miscellaneous Application No.113/2024, seeking correction/modification in the order dated 14.02.2024 passed by this Court are dismissed.

¶171

(BHUWAN GOYAL),J

¶172

(PANKAJ BHANDARI),J

¶173

AMIT/1, 2 & 6

Ayazuddin S/O Shri Niwaz Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ayazuddin S/O Shri Niwaz Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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