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Sonu Sharma vs State Of Rajasthan
2021 Latest Caselaw 7155 Raj

Citation : 2021 Latest Caselaw 7155 Raj
Judgement Date : 15 March, 2021

Rajasthan High Court - Jodhpur
Sonu Sharma vs State Of Rajasthan on 15 March, 2021
Bench: Dinesh Mehta

(1 of 5) [CW-9896/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S.B. Civil Writ Petition No. 9896/2019

Sonu Sharma S/o Shri Radhe Shyam, Aged About 27 Years, Resident Of Village Post Pharesewala, Tehsil Padampur, District Sriganganagar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Bikaner, Raj.

2. The Rajasthan Public Service Commission, Through Secretary, Ajmer (Raj.).

3. The Deputy Secretary, Rajasthan Public Service Comissioni, Ajmer (Raj.).

4. The Director, Secondary Education, Rajasthan, Bikaner, (Raj.).

----Respondents Connected With (2) S.B. Civil Writ Petition No. 621/2019 Bhunda Ram S/o Mohan Lal, Aged About 40 Years, B/c Prajapat, R/o Village Khuntaliya, Post Haryada, Tehsil Bilara, Dist. Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer (Raj.).

3. The Director, Department Of Secondary Education, Bikaner (Raj.).

----Respondents (3) S.B. Civil Writ Petition No. 7085/2019

1. Shivlal Parihar S/o Madhuram Parihar, Aged About 34 Years, B/c Mali, R/o Shri Saluri Balaji, Village Chawanda, Tehsil And Dist. Jodhpur (Raj.).

2. Hanumana Ram S/o Pabu Ram,, Aged About 35 Years, B/

(2 of 5) [CW-9896/2019]

c Bishnoi, R/o Padari, Sivada, Dist. Jalore (Raj.).

----Petitioners Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer (Raj.).

3. The Director, Department Of Secondary Education, Bikaner (Raj.).

----Respondents (4) S.B. Civil Writ Petition No. 7094/2019

1. Ranjeet Singh S/o Shri Moda Ram, Aged About 32 Years, Resident Of Near Madhyamik School, Sadokan, District Nagaur (Raj.).

2. Varsha Saini D/o Shri Ramswroop Saini, Aged About 34 Years, Resident Of Ward No. 410, Near Railway Station, Hanumangarh Town, District Hanumangarh (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Bikaner, (Raj.).

2. The Rajasthan Public Service Commission, Through Secretary, Ajmer (Raj.).

3. The Deputy Secretary, Rajasthan Public Service Commission, Ajmer (Raj.).

4. The Director, Secondary Education, Rajasthan, Bikaner (Raj.).

----Respondents (5) S.B. Civil Writ Petition No. 7498/2019 Surendra Singh Chaudhary S/o Ram Pratap Chaudhary, Aged About 43 Years, B/c Chaudhary, R/o Near Kisan Chhatrawas, Indra Colony, Tehsil Nohar, Dist. Hanumangarh (Raj.).

----Petitioner Versus

1. The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of

(3 of 5) [CW-9896/2019]

Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer (Raj).

3. The Director, Department Of Secondary Education, Bikaner (Raj.).

----Respondents (6) S.B. Civil Writ Petition No. 10886/2019 Bahadur Singh Yadav S/o Shri Soona Ram Yadav, Aged About 34 Years, R/o 579, Dhani Ghugya, Peetham Puri, District Sikar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary Department Of Secondary Education, Government Of Rajasthan, Bikaner (Raj.).

2. The Rajasthan Public Service Commission, Through Secretary, Ajmer (Raj.).

3. The Deputy Secretary, Rajasthan Public Service Commission, Ajmer (Raj.).

4. The Director, Secondary Education, Rajasthan, Bikaner (Raj.).

----Respondents (7) S.B. Civil Writ Petition No. 10970/2019

1. Dinesh Kumar Jat S/o Rameshwar Lal Jat, Aged About 33 Years, B/c Jat, R/o Village Dhakawala, Tehsil Sambhar, Dist. Jaipur (Raj.).

2. Veenu Choudhary D/o Vinod Kumar, Aged About 28 Years, B/c Choudhary, R/o 68, Rb Ganganagar (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur

2. The Secretary, Rajasthan Public Service Commission, Ajmer (Raj.).

3. The Director, Department Of Secondary Education, Bikaner (Raj.).

                                                                ----Respondents


                                          (4 of 5)                  [CW-9896/2019]


(8) S.B. Civil Writ Petition No. 16266/2019

1. Jaswant Singh Deeya S/o Hamir Singh Deeya, Aged About 32 Years, R/o - 316, Dahiya Gali, Village Post - Rampura Tehsil And Dist. Sirohi (Raj)

2. Girdhari Ram S/o Bhura Ram,, Aged About 33 Years, R/o

- V/p - 92 Mukhya Abadi Village Amarpura, Tehsil Hemgura, Dist. Jalore (Raj)

3. Mahadev Ram S/o Durgaram,, Aged About 32 Years, R/o -

Luniyasar, Dist. Jalore (Raj).

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Government Of Rajasthan, Jaipur.

2. The Secretary, Rajasthan Public Service Commission, Ajmer (Raj)

3. The Director, Department Of Secondary Education, Bikaner (Raj)

----Respondents

For Petitioner(s) : Mr. Bharat Devasee For Respondent(s) : Mr. Khet Singh

JUSTICE DINESH MEHTA

Order

15/03/2021

1. Learned counsel for the respondents while pointing out that

the issue involved in these matters is as to whether the final

answer key prepared by RPSC and the opinion so expressed by

the expert Committee is correct, submits that the answer key

impugned in the present petition come up for consideration of

Division Bench, in DBSAW No.922/2018 (Bhunda Ram Vs. State

of Rajasthan & Ors.) and the same was disposed of by order dated

12.03.2019.

(5 of 5) [CW-9896/2019]

2. It was further pointed out that Hon'ble the Supreme Court in

its judgment dated 07.12.2020 (Civil Appeal No.3649-3650 of

2020 & other connected matters) arising out of the above Division

Bench order has made observation that the High Court cannot

enter into the arena of deciding correctness of the answer key and

it should either leave the matter to be decided by expert or at the

best, refer it to expert committee and has even upheld the 2 nd

answer key.

3. The Supreme Court in its judgment dated 07.12.2020

observed thus:

"We uphold the Select List dated 21.05.2019 and the Wait List dated 22.05.2019 prepared on the basis of the 2nd Answer Key".

4. This being the position, as Hon'ble the Supreme Court has

already upheld the 2nd answer key, no interference can be made in

these cases, particularly when the answer key under challenge is

the same.

6. The writ petitions are dismissed.

7. Stay applications also stand disposed of.

(DINESH MEHTA),J 2-9-Rahul/-

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