1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER (1) D.B.CIVIL WRIT PETITION NO.15004/2009 RIPENDRA CHOUBEY VERSUS THE HIGH COURT OF JUDICATURE FOR RAJ. & ORS. (2) D.B.CIVIL WRIT PETITION NO.15199/2009 SUNIL KUMAR PANCHOLI VERSUS R.P.S.C. AND ANOTHER (3) D.B.CIVIL WRIT PETITION NO.15423/2009 RAJENDRA KUMAR GOYAL VERSUS R.P.S.C. AND ANOTHER (4) D.B.CIVIL WRIT PETITION NO.16001/2009 DHARMENDRA SHARMA VERSUS R.P.S.C. AND ANOTHER (5) D.B.CIVIL WRIT PETITION NO.410/2010 HARI OM AVASTHI VERSUS R.P.S.C. AND ANOTHER (6) D.B.CIVIL WRIT PETITION NO.7945/2010 ASHOK KUMAR BHAMBI VERSUS R.P.S.C. AND ANOTHER (7) D.B.CIVIL WRIT PETITION NO.14175/2009 NARENDRA SINGH DHANWAL VERSUS R.P.S.C. AND ANOTHER (8) D.B.CIVIL WRIT PETITION NO.14176/2009 RAJESH KUMAR MEENA VERSUS R.P.S.C. AND ANOTHER (9) D.B.CIVIL WRIT PETITION NO.14177/2009 VIJAY SINGH VERSUS R.P.S.C. AND ANOTHER (10) D.B.CIVIL WRIT PETITION NO.14178/2009 SUBHASH CHAND SHARMA VERSUS R.P.S.C. AND ANOTHER (11) D.B.CIVIL WRIT PETITION NO.14200/2009 NAND LAL MEENA 2 VERSUS R.P.S.C. AND ANOTHER (12) D.B.CIVIL WRIT PETITION NO.14615/2009 DINESH KUMAR AGRAWAL VERSUS R.P.S.C. AND ANOTHER (13) D.B.CIVIL WRIT PETITION NO.14616/2009 NAND GOPAL GOYAL VERSUS R.P.S.C. AND ANOTHER (14) D.B.CIVIL WRIT PETITION NO.14617/2009 LAL CHAND DABARIA VERSUS R.P.S.C. AND ANOTHER (15) D.B.CIVIL WRIT PETITION NO.14618/2009 VINOD KUMAR JINDAL VERSUS R.P.S.C. AND ANOTHER (16) D.B.CIVIL WRIT PETITION NO.14619/2009 VINOD KUMAR GUPTA VERSUS R.P.S.C. AND ANOTHER (17) D.B.CIVIL WRIT PETITION NO.14620/2009 QAYYUM AHMED VERSUS R.P.S.C. AND ANOTHER (18) D.B.CIVIL WRIT PETITION NO.15151/2009 SMT.TEENA SHARMA VERSUS R.P.S.C. AND ANOTHER (19) D.B.CIVIL WRIT PETITION NO.15300/2009 ASHUTOSH GUPTA VERSUS R.P.S.C. AND ANOTHER (20) D.B.CIVIL WRIT PETITION NO.15601/2009 PRAKASH SANDAL VERSUS R.P.S.C. AND ANOTHER (21) D.B.CIVIL WRIT PETITION NO.16101/2009 KUMARI AJANTA AGARWAL VERSUS R.P.S.C. AND ANOTHER (22) D.B.CIVIL WRIT PETITION NO.16171/2009 SANUJ KULSHRESHTHA VERSUS R.P.S.C. AND ANOTHER 3 (23) D.B.CIVIL WRIT PETITION NO.8764/2010 GOPAL LAL SHARMA VERSUS R.P.S.C. AND ANOTHER (24) D.B.CIVIL WRIT PETITION NO.10768/2010 HARI SINGH MEENA VERSUS STATE OF RAJASTHAN AND ANOTHER DATE OF ORDER --- August 06,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.S.P.Sharma, Mr.Vigyan Shah, Mr.Kapil Gupta, Mr.O.P.Sheoran, Mr.Vikas Sharma, Mr.Rajeev Surana, for the petitioners Mr.Ashok Gaur, for the Raj. High Court Mr.S.N.Kumawat, Addl. AG for the State & RPSC BY THE COURT (1) Since common questions of fact and law, relating to adoption of scaling formula for the purpose of assessment of answer sheets of the written examination of Rajasthan Judicial Service Examination, 2005 and the interviews held after working out the cut off marks on the basis of the same as well as further selection and appointment made, are involved in all the aforesaid writ petitions, therefore, with the consent of counsel for the parties, all the aforesaid writ petitions have been clubbed together and the same are being decided by this common order at admission stage. (2) Heard learned counsel for the parties. (3) Counsel for both the parties submit that the controversy of adoption of scaling formula for the purpose of 4 assessment of answer sheets of written examination of Rajasthan Judicial Service Examination, 2005 and further, the interviews held after working out the cut off marks on the basis of the same as well as making selection and appointment on the basis of scaled marks / interview marks, involved in this bunch of writ petitions relating to the Rajasthan Judicial Service Examination, 2005, has been decided by this Court at the Principal Seat at Jodhpur, and the writ petitions relating to the Rajasthan Judicial Service Examination, 2008 have been allowed, in Sharwan Kumar V. RPSC and others (DBCWP No.825/2010 and other connected cases), therefore, the counsel are confining their arguments to the aforesaid judgment dated 10.5.2010 of this Court so far as it relates to the selections of R.J.S. Examination, 2005. (4) In Sharwan Kumar V. RPSC and others (supra) the controversy of applying the scaling formula in the matter of selection to the RJS Examination, 2005 was also under challenge along with the selection process of Rajasthan Judicial Service Examination, 2008, after the judgment dated 27.10.2009 of this Court in Sarita Noushad V. R.P.S.C. and others (DBCWP No.3942/2007 and other connected writ petitions). While deciding the writ petitions relating to RJS Examination, 2005, the Division Bench in its judgment dated 10.5.2010 held that selections in respect of RJS Examination, 2005 shall be governed by the order dated 5.5.2010 passed by the Hon'ble Supreme Court in RPSC V. Balveer Singh Jat and others (Civil Appeal No.4235 of 2010 arising out of SLP 5 (Civil) No.2580/2010 (which arose out of DBCWP No.4167/2007 Balveer Singh Jat and others V. RPSC and others (mentioned at Sl.No.6 of the judgment of this Court dated 27.10.2009 in Sarita Noushad V. RPSC and others (supra) and other connected civil appeals arising out of the respective SLPs. In other writ petitions connected with Sarita Noushad V. RPSC and others (supra), respective SLPs have been filed in which leave was granted and the same were disposed of by the same order dated 5.5.2010 passed by the Hon'ble Supreme Court. (5) The order dated 05.05.2010 passed by the Hon'ble Supreme Court in RPSC V. Balveer Singh Jat and others (Civil Appeal No.4235/2010 arising out of SLP (Civil) No.2580/2010 and other connected cases) is as follows: “IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4235 OF 2010 [Arising out of SLP (C) No.2580 of 2010] R.P.S.C. ...APELLANT VERSUS BALVEER SINGH JAT & ORS. ...RESPONDENTS WITH CIVIL APPEAL NO.4236 OF 2010 (Arising out of SLP (C) No.2599/2010) CIVIL APPEAL NO.4237 OF 2010 (Arising out of SLP (C) No.2653/2010) CIVIL APPEAL NO.4238 OF 2010 (Arising out of SLP (C) No.2729/2010) CIVIL APPEAL NO.4239 OF 2010 (Arising out of SLP (C) No.2755/2010) CIVIL APPEAL NO.4240 OF 2010 (Arising out of SLP (C) No.2757/2010) CIVIL APPEAL NO.4241 OF 2010 (Arising out of SLP (C) No.2761/2010) CIVIL APPEAL NO.4242 OF 2010 (Arising out of SLP (C) No.2769/2010) 6 CIVIL APPEAL NO.4243 OF 2010 (Arising out of SLP (C) No.2768/2010) CIVIL APPEAL NO.4244 OF 2010 (Arising out of SLP (C) No.2770/2010) CIVIL APPEAL NO.4245 OF 2010 (Arising out of SLP (C) No.2989/2010) CIVIL APPEAL NO.4246 OF 2010 (Arising out of SLP (C) No.3005/2010) CIVIL APPEAL NO.4247 OF 2010 (Arising out of SLP (C) No.3291/2010) CIVIL APPEAL NO.4248 OF 2010 (Arising out of SLP (C) No.3293/2010) CIVIL APPEAL NO.4249 OF 2010 (Arising out of SLP (C) No.3294/2010) CIVIL APPEAL NO.4250 OF 2010 (Arising out of SLP (C) No.3297/2010) CIVIL APPEAL NO.4251 OF 2010 (Arising out of SLP (C) No.3299/2010) CIVIL APPEAL NO.4252 OF 2010 (Arising out of SLP (C) No.33879/2010) AND SLP (C) No.6569/2010, W.P. (C) NO.102/2010, W.P. (C) NO.113/2010, W.P. (C) NO.114/2010, W.P. (C) NO.134/2010, W.P. (C) NO.142/2010, W.P. (C) NO.146/2010, and W.P. (C) NO.128/2010, O R D E R “Leave Granted. In 2005, Rajasthan Public Service Commission conducted test for the posts of Civil Judge (Junior Division) and 87 candidates were selected and they were appointed as Civil Judge (Junior Division) in 2007. The Rajastha Public Service Commission had adopted a method of scaling for the purpose of assessment of answer sheets. Because of this, some of the candidates who had obtained less raw marks which were scaled up were called for interview and subsequently selected and appointed. Therefore series of writ petitions were filed before the High Court challenging the scaling method adopted by the Public Service Commission. The High Court by the impugned judgment has given certain directions and held that the fresh interviews of the candidates to be taken based on their raw marks obtained by them. As regards the candidates who have been already appointed by Rajasthan Public Service Commission, the High Court held that their appointments shall not be disturbed. Now, pursuant to the directions of the High Court, it appears that 8 candidates who had already undergone interview secured more marks than the candidates who were already appointed to the Judicial Service based on raw marks and six other candidates namely, Sarita Noushad, Ashutosh Kumawat, Rajan Khatri, Toshita Verma, Sarita Dhakad and Divya Singh were not subjected to interview though they have got higher raw marks. They have to be interviewed by the Rajasthan Public Service Commission. If any one of them is found to be eligible, such candidates are also entitled to get appointment. Eight candidates who had already secured more marks than, the last candidate appointed, should be considered for appointment. The Rajasthan 7 Public Service Commission is directed to conduct interview of above named six candidates within a period of three weeks. The eight candidates who had already undergone interview, need not be interviewed again. Final list of eligible candidates based on the marks secured by the candidates who were already interviewed and are to be interviewed, shall be prepared and from the said list appointments on nine vacant posts shall be made in order of merits. We are told that the names of the candidates who were already selected in 2008 are sent for appointment to the Government. Naturally, the appointments pursuant to this order would take place after the appointments of the candidates selected in 2008 but they will be entitled to get seniority after their appointments. The civil appeals are disposed of accordingly. SLP (C) No.6569/2010, W.P. (C) NO.102/2010, W.P. (C) NO.113/2010, W.P. (C) NO.114/2010, W.P. (C) NO.134/2010, W.P. (C) NO.142/2010, W.P. (C) NO.146/2010, and W.P. (C) No.128/2010, All the writ petitions filed under Article 32 in respect of the years 2005 and 2008 and special leave petition (C) No.6569 of 2010 are dismissed as withdrawn.” (6) The relevant portion of the judgment dated 10.5.2010 in Sharwan Kumar V. RPSC and others (supra) so far as it relates to selection of Rajasthan Judicial Service Examination, 2005, is as follows: Relevant portion of the aforesaid judgment dated 10.5.2010 in DBCWP No.825/2010 “In this view of the matter, we are of the opinion that as per order dated 05.05.2010 passed by Hon'ble Supreme Court in Civil Appeal No.4235/2010, RPSC Vs. Balbir Singh Jat & Others, with number of SLPs, the writ petitions bearing number D.B. Civil Writ Petition No.11317/2009, Devendra Singh Udawat Vs. State of Rajasthan & others, D.B.Civil Writ Petition No. 10385/2009, Hansraj & Another Vs. State of Rajasthan & Others, D.B. Civil Writ Petition No.11318/2009, Bhawani Singh Bhati Vs. State of Rajasthan & Others, and D.B. Civil Writ Petition No. 10811/2009, Ahsan Ahmed Vs. State of Rajasthan & Others, in which, selections of 2005 are under challenge shall be governed by aforesaid order dated 05.05.2010 reproduced hereinabove.” (7) Counsel for the RPSC and the Rajasthan High Court have not disputed that the present cases are squarely covered by the Division Bench judgment of this Court dated 8 10.5.2010. (8) In view of the above, all the aforesaid writ petitions, in which selections of Rajasthan Judicial Service Examination, 2005 are under challenge, shall be governed by the aforesaid order dated 05.05.2010 passed by the Hon'ble Supreme Court, reproduced above. (9) All the aforesaid writ petitions are disposed of, as indicated above. (10) Photo stat copies of this order be placed on the files of aforesaid writ petitions, except DBCWP No.15004/2009. (Mohammad Rafiq) J. (Prem Shanker Asopa) J. गोpa ल