1 S.B. CIVIL WRIT PETITION NO.6103/2009 Sampat Kumar Sharma vs RPSC & Anr. DATE OF ORDER: 6.7.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. RC Joshi, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner was aspirant for the administrative services post as according to the petitioner he passed the RAS Examination – 2007. However, he has failed to get the selection because of the reason that his marks in result of RAS Examination – 2007 was 654 after scaling. According to learned counsel for the petitioner that scaling can be done but for compulsory subject no scaling can be done. According to learned counsel for the petitioner, the candidate selected for the RAS Examination – 2007 lastly was person who secured 657 marks. The petitioner secured 654 marks only and, therefore, he could not get the selection in the RAS Examination – 2007. The fails to show how and why the scaling cannot be done in compulsory subjects. The petitioner also has not placed on record any material facts to show that scaling has been done in 2 compulsory subject only in the case of the petitioner. Learned counsel for the petitioner submitted that he has submitted an application under Right to Information Act seeking information so as to know the basis on which the scaling has been done. If the petitioner has submitted that application and has not been given required information then the entire procedure has been prescribed under the Right to Information Act and if the information has not been provided in pursuance of any application filed under the Right to Information Act, then the remedy of appeal is there and in view of this fact, it appears that petitioner has preferred writ petition without any knowledge about the relevant fact about scaling. In view of the above, there is no merit in this writ petition and the same is hereby dismissed. However, it is made clear that if the petitioner has submitted any application under the Right to Information Act then his that right is not affected by this order. (PRAKASH TATIA), J. c.p.goyal/-