Rajesh Kumar vs State Of Rajasthan
2022 Latest Caselaw 5507 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8896/2019 Rajesh Kumar S/o Shri Maujee Ram, aged about 27 Years, R/o Basai Samanta, District Dholpur, Rajasthan.

----Petitioner Versus

1. State of Rajasthan, through Secretary, Department of Secondary Education, Government of Rajasthan, Bikaner.

2. The Rajasthan Public Service Commission, through Secretary, Ajmer.

3. The Deputy Secretary, Rajasthan Public Service Commission, Ajmer.

4. The Director, Secondary, Education, Rajasthan, Bikaner.

                                                                   ----Respondents


For Petitioner(s)           :     Mr. Hemant Bhati
For Respondent(s)           :     Mr. Anil Kumar Gaur, Addl. Advocate
                                  General


             HON'BLE MS. JUSTICE REKHA BORANA
                                       Order

13/04/2022

The present petition has been filed with a prayer that answer

to question No.37 of the question paper of General Knowledge

conducted for the post of Senior Teacher Grade-II by the RPSC be

declared illegal and quashed and consequently, the petitioner be

declared selected and accorded appointment.

So far as the controversy pertaining to question No.37 in

issue is concerned, the issue had been taken up twice in the

earlier litigations.

In the first instance, in the case of Rameshvri Kumari Vs.

State of Raj. & Ors. (S.B. Civil Writ Petition No.3083/2018),

decided on 05.05.2018, the writ petition was disposed of and the

RPSC was directed to appoint an expert committee to take a fresh

(2 of 2) [CW-8896/2019]

decision on question No.37 in light of the observations made by

the Court.

In pursuance to the judgment passed in the case of

Rameshvri Kumari (supra), an expert committee was

constituted by the RPSC and the committee held that the earlier

decision was valid and the answer to question No.37 as held

earlier, was correct and was again affirmed. Against the said

decision of the committee, again several writ petitions were filed

before this Court and the same were decided by a common

judgment dated 29.05.2019; lead case being Sonam Choudhary

Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition

No.18570/2018). The learned co-ordinate Bench of this Court

allowed the petitions so far as question No.37 was concerned and

directed for reappraisal of the result of the petitioners and to

accord them appointment if they were found eligible.

The said decision of the learned Single Judge was challenged

by the RPSC in Special Appeal and vide judgment dated

28.01.2021, the appeals of the RPSC were allowed. Meaning

thereby, the decision of the Committee regarding question No.37

of subject G.K. and the consequential directions for revisions of

the result qua the petitioners were held to be not sustainable.

Therefore, after the decision of the Division Bench on the

question in issue, nothing survives in the present petition. Hence,

in view of the ratio as laid down in the case of Sonam

Choudhary (supra), the present writ petition is also dismissed.

(REKHA BORANA),J 100-AnilKC/-

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