Monika Bhansali D/O Shri ... vs The Rajasthan Public Service ...
2021 Latest Caselaw 6401 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12764/2021

Monika Bhansali D/o Shri Balkishan Dhoot W/o Manoj Kumar
Bhansali, Aged About 35 Years, R/o K-120 Rambul Road
Christian Ganj Ajmer District Ajmer (Raj.).
                                                                   ----Petitioner
                                      Versus
1.     The Rajasthan Public Service Commission, Through Its
       Secretary Ajmer.
2.     The State Of Rajasthan, Through Principal Secretary
       Education Department Secretariat Jaipur.
3.     The Director, Secondary Education Bikaner.
                                                                ----Respondents

For Petitioner(s) : Mr. Neeraj Kumar Sharma For Respondent(s) : Mr. M.F. Baig

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

11/11/2021 In this writ petition, the petitioner is seeking direction for the

respondents to re-consider the correctness of option to certain

questions in Paper-I and Paper-II of the examination conducted by

the respondent no.1 for recruitment on the post of Headmaster,

Secondary Education in pursuance of advertisement dated

28.03.2018.

Learned counsels for the respective parties are in agreement

that the issue raised herein has already been decided by a co-

ordinate Bench of this Court vide its judgment dated 02.09.2021

passed in S.B. Civil Writ Petition No.17933/2019, Mahaveer

Sharma & Ors. Vs. State of Rajasthan and Anr. and other

(2 of 3) [CW-12764/2021]

connected matters. They submit that the instant writ petition may

also be disposed of in the light of the judgment dated 02.09.2021

in case of Mahaveer Sharma & Ors. (supra), wherein it was held

as under:-

"Principal Bench at Jodhpur in the case of Jagdish Kumar Choudhary inter-alia directed as under:-

"In view of the aforesaid, these writ petitions are allowed; the merit list and the select list (if any) is hereby quashed; the RPSC is directed to recheck all the answer scripts in tendam with the adjudication made qua each of the question under consideration.

For the sake of convenience, particulars of questions and corresponding answers/directions, which need to be revisited have been cataloged in the Schedule appended with the present judgment. The revision of result shall be subject to the following:- (i) The Commission shall immediately constitute at least two members Committee(s) of Experts for the questions, which have been ordered to be referred to the Expert Committee;

(ii) Questions belonging to different subjects may be referred to different Committees;

(iii) The RPSC shall provide not only a copy of the judgment instant but also copies of writ petition(s) to the members of the Expert Committee so as to enable them to take into account the challenge/contentions/arguments and material relied upon by the petitioners;

(iv) The Experts are expected to go through the observations made by this Court while dealing with the questions referred to it, more particularly what has been said in para No.12 of the judgment instant;

(v) The Expert Committee to submit its report qua the questions referred latest by 15.04.2020;

(vi) Assimilating the answers suggested by the Expert Committee and the adjudication made in the present judgment, the RPSC will recheck the answer scripts of all the candidates by 30.04.2020; (vii) The revised result/select list shall be forwarded to the State Government latest by 15.05.2020."

Learned counsel for the RPSC submits that in para 217 cost has been imposed, which may be made easy. A look at the nature of cost imposed by the Court reveals that the same pertains to the recruitment as a whole and

(3 of 3) [CW-12764/2021]

not in each individual case and, therefore, in those circumstances no further order is required to be passed qua the cost so imposed.

In view of the submissions made the writ petitions are disposed of in light of and with similar directions as given in the case of Jagdish Kumar Choudhary (Supra)."

In view thereof, this writ petition is also disposed of in the

same terms as in the case of Mahaveer Sharma & Ors. (supra).

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /12

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