CW 13188/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13188/2009 Vinay Dua Versus State & Ors Date of Order ::: 23/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. CP Sharma, for petitioner Instant petition has been filed by petitioner with the grievance that Rajasthan Public Service Commission (“PSC”) declared list of successful candidates in screening test held on 24/06/09 for the post of Assistant Agriculture Officer advertised vide notification dt.05/07/08 under Rajasthan Agriculture Subordinate Service Rules, 1978 but failed to disclose as to what was the cut off marks and marks secured by petitioner; for which he applied U/s 6(1) of the Right of Information Act, 2005 (“RTI Act”) on 30/07/09 – in pursuance whereof, vide letter dt. 18/08/09 (Ann.6), information was furnished by PSC that as per policy, as regards declaration of results of examinations secured & cut-off marks are not supplied to candidates. Since no specific reply was sent by respondent-PSC, petitioner preferred appeal (Ann.7) U/s 19(1) of RTI Act which too was rejected vide order dt.05/10/09 (Ann.8) – against which however, CW 13188/09 //2// remedy of appeal lies to the Commissioner under RTI Act, which has not been so far availed of. However, his grievance is that interview process has already commenced and since cut-off marks of last candidate having been declared successful & that of petitioner have not been disclosed, and if not permitted to appear in the interview process, it would cause prejudice to him, inasmuch as even remedy of appeal under RTI Act will be in futility. There may have substance in the submission of petitioner's Counsel (supra) about non-disclosure of his marks secured as well as cut-off marks of last successful candidate has to be disclosed, however, question remains that only such candidates are called for interview who have been declared successful and as per result declared impugned it is not in dispute that he was not declared successful in screening test held by respondent-PSC pursuant to advertisement dt. 05/07/08 (Ann.1) in absence whereof, he cannot be permitted to appear in interview process having already commenced, and as regards information required by him, remedy of appeal CW 13188/09 //3// under RTI Act is available to him, which can certainly be availed of but no prejudice can be caused particularly when he has not been found to be successful in screening test. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.3/ 13188CW09Oct23-Ds-PSC.doc