1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER D.B.CIVIL WRIT PETITION NO.10715/2010 RUCHI AGARWAL VERSUS HIGH COURT OF JUDICATURE FOR RAJ. & OTHERS DATE OF ORDER --- August 06,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Vigyan Shah, for the petitioner BY THE COURT (1) By this writ petition, relating to the Rajasthan Judicial Service Examination, 2008, the petitioner has prayed for a direction to the respondents for calling her again for interview on the basis of raw marks. (2) The grievance of the petitioner is that although she was interviewed as per the scaled marks, she should be called again for interview on account of obtaining more raw marks than the cut off marks published by the R.P.S.C. in the result dated 20.7.2010 by carving out Category-3 and mentioning the fact that those applicants had already been interviewed, therefore, they are not being called for interview. However, their raw marks/ interview marks would be considered while declaring the final result. (3) Submission of counsel for the petitioner is that although the petitioner was interviewed as per the scaled marks but the said selection has been declared null and void by the Division Bench of this Court at the Principal Seat in Shrawan Kumar V. R.P.S.C. 2 (DBCWP No.825/2010 decided on 10.5.2010 along with ten connected writ petitions) with the further direction to exclude the scaled marks and preparation of fresh merit/select list after adding the interview marks in the raw marks. (4) Similar controversy was raised before this Court at the Principal Seat in Mohit Dwivedi and another V. R.P.S.C. and another (DBCWP No.7066/2010) and the said writ petition was dismissed on 02.8.2010 after consideration of the judgment in Shrawan Kumar V. R.P.S.C. (supra). The relevant portion of the aforesaid judgment dated 2.8.2010 in Mohit Dwivedi's case (supra) at pages 2, 8 and 9 is as follows: Page 2 “The grievance of the petitioners essentially is to the effect that when this Court quashed and set aside the select list prepared earlier and directions were issued to proceed further on the basis of raw marks (actual marks) obtained by the candidates in the written examination and to add the marks obtained in interview, the RPSC could not have retained the earlier marks obtained in the interview by the candidates and could not have deprived the petitioners of a chance to appear in the interview again.” Page 8 “The directions of the Division Bench of this Court in the order dated 10.05.2010 in their practical effect could only have been implemented in the manner now carried out by the RPSC and we are unable to find anything of illegality therein. It does not appear if the RPSC has flouted or violated the directions of this court in the order dated 10.05.2010.” Page 9 “In the given set of facts and circumstances, we see no reason wherefor the RPSC would have conducted the interviews even in relation to those candidates who had already been interviewed. Interviews in relation to only the candidates now falling in the merit list, in our view, remain unexceptionable. As a result of the foregoing discussion, the writ petition fails and is, therefore, dismissed.” 3 (5) We are in respectful agreement with the aforesaid order dated 02.8.2010 in Mohit Dwivedi and another V. R.P.S.C. and another (DBCWP No.7066/2010). The present writ petition fails and is, therefore, dismissed. (Mohammad Rafiq) J. (Prem Shanker Asopa) J. गोpa ल