1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER (1) D.B.CIVIL WRIT PETITION NO.3446/2010 Preeti Sharma Versus State of Rajasthan and others (2) D.B.CIVIL WRIT PETITION NO.3448/2010 Supriya Joshi Versus State of Rajasthan and others DATE OF ORDER --- July 16,2010 PRESENT HON’BLE MR.JUSTICE PREM SHANKER ASOPA HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Kapil Gupta, for the petitioners Mr.Dinesh Yadav, Addl. AG for the State Mr.Shantanu Kumawat on behalf of Mr.S.N.Kumawat, for the RPSC Mr.Ashok Gaur, for the High Court BY THE COURT (1) Counsel for the petitioners prays for deleting the name of private respondent No.4 Rahul Choudhary, from the array of respondents. (2) The prayer made by the counsel for the petitioners is allowed and the name of private respondent No.4 is deleted from the array of respondents. (3) Counsel for the petitioners undertakes to file the amended cause title during the course of the day. (4) Heard learned counsel for the parties. (5) Counsel for both the parties submit that the controversy of applying the scaling formula in the written examination, raised in this writ petition relating to the Rajasthan Judicial Service Examination, 2008, is squarely covered by the Division Bench judgment dated 10.5.2010 of this Court, at the Principal Seat at Jodhpur, in Sharwan Kumar V. RPSC and others (DBCWP No.825/2010 and other connected cases) which has been upheld by the 2 Supreme Court vide its order dated 9.7.2010 in Rajasthan Public Service Commission V. Sharwan Kumar and others (SLP (C)...CC No.9494 of 2010. (6) The relevant portion of the aforesaid judgment dated 10.5.2010 of this Court and the order dated 9.7.2010 passed by the Supreme Court, is as under: Relevant portion of the aforesaid judgment dated 10.5.2010 in DBCWP No.825/2010 “With regard to other writ petitions, in which, selections of Rajasthan Judicial Service Examination 2008 are under challenge, while following the adjudication made by the Hon'ble apex Court in Sanjay Singh's case as well as order dated 05.05.2010 and verdict given by the Division Bench of this Court in Sarita Naushad's case, all these writ petitions are allowed. Scaling system adopted by the Rajasthan Public Service Commission in the Rajasthan Judicial Service Examination 2008 is hereby declared illegal and unconstitutional. Consequently, the result declared on the basis of adopting the scaling system during pendency of these writ petitions for Rajasthan Judicial Service Examination 2008 and recommendations made in pursuance of result so declared to the State Government for appointment are hereby declared null and void and the Rajasthan Public Service Commission is directed to prepare fresh merit/select list while taking into consideration the raw marks obtained by the candidates in the written examination and, while proceeding on the basis of raw marks obtained by the candidates in the written examination, further, add marks obtained in the interview. After preparation of fresh merit/select list, final result may be declared and names of so selected candidates may be recommended to the State Government for appointment. This exercise shall be completed by the Rajasthan Public Service Commission within a period of two months from the date of receipt of certified copy of this order. There shall, however, be no order as to costs.” Order dated 9.7.2010 of the Supreme Court in SLP (C)...CC No.9494 of 2010 “Permission to file SLP is granted in CC No.9494/2010. We have heard the learned counsel for the petitioners at length and in detail in both the petitions but do not find any substance in the petitions. This Court completely agrees with the directions given by the High Court in the impugned judment. However, Mr.P.P.Rao, learned senior counsel for petitioner in SLP No.16869/2010 prays that time to implement the directions given by the High Court in the impugned judgment be extended reasonably having regard to the facts of the case. Having regard to the facts and circumstances of the case, further time of one month is granted from today to enable the petitioner i.e. Rajasthan Public Service Commission to comply with the directions given by the High Court. Subject to the extension of 3 time as mentioned above, the petitions fail and are dismissed.” (7) The present writ petitions are allowed in terms of the aforesaid judgment dated 10.5.2010 passed by the Division Bench this Court, which has been upheld by the Supreme Court vide its order dated 9.7.2010. (8) A photo copy of this order be placed on the file of DBCWP No.3448/2010. (Mohammad Rafiq) J. (Prem Shanker Asopa) J. गोpa ल