Tansukh Paliwal S/O Chhagan Lal ... vs Rajasthan High Court
2022 Latest Caselaw 1569 Raj/2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

D.B. Civil Writ Petition No. 18403/2019

1. Tansukh Paliwal S/o Chhagan Lal Paliwal, Aged About 28 Years, R/o Near Jabardust Hanuman Mandir, Ward No. 18, Balotra, District Barmer (Raj.).

2. Adarsh Kumar S/o Munna Singh, Aged About 23 Years, R/o H.no. 1, Chano, Hazari Bagh, Jharkhand.

3. Darshan Kumar Gupta S/o Kirodimal Gupta, Aged About 25 Years, R/o V.p.o Malakhara, Alwar

4. Harchand Ram S/o Vanna Ram, Aged About 22 Years, R/o Vill. Pahadpura, Teh. Sanchore, Jalore.

5. Manisha Janoo D/o Mohan Singh Janoo, Aged About 34 Years, R/o Prithviraj Nagar, Near Mansarover, Jaipur.

6. Priyanka Meena D/o P.r. Meena, Aged About 28 Years, R/o Gopal Vihar, Police Line, Kota.

7. Abhishek Meena S/o Banwari Lal Meena, Aged About 25 Years, R/o Balaji Vihar, Niwaru Road, Jotwara, Jaipur.

8. Abhishek Sharma S/o Anoop Sharma, Aged About 32 Years, R/o Balaji Temple, Agra Gate, Ajmer.

9. Ajita Kalra D/o Ashok Kalra, Aged About 29 Years, R/o Ward No.15, Hanumangarh.

10. Alok Sharma S/o Indubhushan Sharma, Aged About 30 Years, R/o Ward No. 40 Jhunjhunu.

11. Anju Meena D/o Prabhunarayan Meena, Aged About 25 Years, R/o Anandvihar, Nadikafatak, Jhotwara, Jodhpur.

12. Ashutosh Sewag S/o Purshottam Dass Sewag, Aged About 23 Years, R/o Sewago Ka Mohalla, Bikaner.

13. Bharat Sharma S/o Surya Prakash Sharma, Aged About 27 Years, R/o Mehandi Ka Bas, Amer, Jaipur.

14. Bindya Arya D/o Omprakash Arya, Aged About 30 Years, R/o Ward No. 6, Kotputli Jaipur.

15. Dharmendra Kumar Sharma S/o Rambabu Sharma, Aged About 30 Years, R/o Vill. Bokoli, Rupbas, Bharatpur.

16. Dheeraj Kumar Jain S/o Rajender Prashad Jain, Aged About 30 Years, R/o Chauthka Barware, Sawai Madhopur.

17. Dhruvashri Sekhawat D/o Raghuveer Singh Sekhawat, Aged About 39 Years, R/o Vki No. 14 Jaipur.

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18. Dinesh Lohia S/o Suresh Chandra Lohia, Aged About 32 Years, R/o D-52 Shastri Nagar, Bikaner.

19. Jayesh Matai S/o Narain Das Matai, Aged About 29 Years, R/o 3-E-42, Mahaveer Nagar Extension, Kota.

20. Kartikeya Soni S/o Ramkishan Soni, Aged About 25 Years, R/o Sanjay Colony, Nehru Road, Bhilwara.

21. Kshipra Gupta D/o B.s. Choudhary, Aged About 41 Years, R/o 519, Mahaveer Nagar-Ii, Kota.

22. Lokesh Vyas S/o Suresh Kumar Vyas, Aged About 36 Years, R/o Gokuldham, Near Gayatri Nagar, Jodhpur.

23. Madhubala Saini D/o Kailashchand Saini, Aged About 37 Years, R/o Jyoti Brother, Near Madhani Patrol Pump Reengus Road , Chomu, Jaipur.

24. Manisha Purohit D/o Satish Chander Bohra, Aged About 40 Years, R/o 906, 3-D Road, Sardarpura Jodhpur.

25. Manoj Kumar S/o Ramdan, Aged About 28 Years, R/o Behind Govt. Hospital, Pokaran, Jaisalmer.

26. Manvendra Singh Gaur D/o Mahender Singh Gaur, Aged About 34 Years, R/o Ward No. 12, Sheetla Ki Tek, Uniara, Tonk.

27. Namrata D/o Pooran Singh, Aged About 31 Years, R/o Vpo Kumbha, Teh. And Distt. Bharatpur.

28. Naveen Meena D/o Babulal Meena, Aged About 27 Years, R/o Near Jyotiramphule College, Ramnagar, Jaipur.

29. Nishant Rathor S/o Brijmohan Rathor, Aged About 29 Years, R/o Opp. Pilikothi Hospital Road, Baran.

30. Parth Dixit S/o Rajesh Dixit, Aged About 27 Years, R/o W.no. 13 Rani Bajar Nohar, Distt.hanumangarh.

31. Pawan Kumar S/o Krishan Lal, Aged About 37 Years, R/o Sector 11-A, Near Chungi No. 8, Distt. Hanumangarh.

32. Piyush Vyas S/o Narendra Kumar Vyas, Aged About 24 Years, R/o Gandhi Colony, Jaisalmer.

33. Pooja Vandana D/o Mahabir Singh, Aged About 35 Years, R/o Vpo Dana, Mahender Garh, Haryana.

34. Pooja Vedi D/o Kanhaiyalal Varma, Aged About 31 Years, R/o Waed No. 17, Sikar.

35. Priyanka Sharma D/o Omprakash Sharma, Aged About 29 Years, R/o Behind Dysp Office, N.h. 8, Barhor, Alwar.

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36. Priyanka Pareek D/o Sushil Kumar Pareek, Aged About 30 Years, R/o H.no. 2144, Gangori Bazar, Jaipur.

37. Priyanka Parihar D/o Pokarlal Parihar, Aged About 30 Years, R/o 114, Gali No. 8, Subhash Nagar, Jodhpur.

38. Raghuraj Yadav S/o Shambudayal Yadav, Aged About 33 Years, R/o Vill. Khyawad, Teh. Piaplda, Kota.

39. Rajkamal Lotia S/o Rajpal Lotia, Aged About 30 Years, R/o Raisingh Nagar, Dist. Shriganganagar.

40. Ranu Lodwal D/o Pukhraj Meena, Aged About 25 Years, R/o D 364, Siddarthnagar, Jaipur.

41. Sachin Kumar Jain S/o Rajender Kumar Jain, Aged About 29 Years, R/o Mahaveer Udhyan Path, Bajajnagar, Jaipur.

42. Seema Shekhar D/o Nathuram Kala, Aged About 36 Years, R/o P.no. S-1, Welcome Residency, Adhinath Nagar, Jaipur.

43. Sejal Bansal D/o Ashok Bansal, Aged About 26 Years, R/o Ward No. 34, Police Colony, Jaipur.

44. Shashikant Gupta S/o Rajasth Kumar Gupta, Aged About 27 Years, R/o Malakhara, Alwar.

45. Shrawan Kumar S/o Ram Bilas, Aged About 37 Years, R/o Osian, Jodhpur.

46. Shruti Sharma D/o Suresh Sharma, Aged About 25 Years, R/o Sagar Hotel Opp. Bhopal Club, Bhilwara.

47. Sourabh Garg S/o Rajesh Garg, Aged About 22 Years, Hanuman Nagar, Gali No. 1, Narwana, Jind, Haryana.

48. Sunil Kumar Dave S/o Umashankar Dave, Aged About 30 Years, R/o Bonayoka Bas, Sojat City, Pali.

49. Sushma Agarwal D/o Chotte Lal, Aged About 40 Years, R/o 3/182, Ganesh Talab, Dadabari, Kota.

50. Veena Suwalka D/o Shivlal Suwalka, Aged About 33 Years, R/o H.n. 154 Sector No. 14, Udaipur.

51. Vikas Kumar Jain S/o Shikher Chand Jain, Aged About 30 Years, R/o Shop No. 24, Main Market, Mahwa, Dausa.

52. Devendra Sharma S/o Mordhwaj Sharma, Aged About 35 Years, R/o Thikariya Charnan, Post- Lilera, Bundi.

53. Suresh Kumar Dotania S/o Surajmal Dotania, Aged About 27 Years, R/o Kabir Nagar, Purana Phulera, Jaipur.

54. Minaxi Mewara D/o Shankar Lal Mewara, Aged About 37

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Years, R/o Rajatgrah Colony, Gate No. 1 Nainwan Road, Bundi.

55. Ankita Agarwal D/o Arun Kumar Agarwal, Aged About 26 Years, R/o Rani Sati Road, Opp. Bioscope Mall, Sikar.

56. Arushi Gupta D/o Rakesh Gupta, Aged About 25 Years, R/o Unique Builders Aura Apartments Jyotinagar, Lalkothi, Jaipur.

57. Satyanarayan Meena S/o Chhuttanlal Meena, Aged About 34 Years, R/o A-322, Sriram Colony, Rajgarh Road, Boogor, Alwar.

58. Shweta Sheheria D/o Surendra Kumar Meena, Aged About 23 Years, R/o Vilojnagar, Teh. Sapotra, Karauli.

59. Pankaj S/o Chandershekhar, Aged About 26 Years, R/o 337, Durga Colony, Ward No. 11, Hanumangarh.

60. Harsh Goswami S/o Mahendra Sharma, Aged About 26 Years, R/o D-71, Bapu Nagar, Jaipur.

61. Anshumaan Vashistha S/o Om Prakash Vashistha, Aged About 25 Years, R/o C0 27 , Barkhat Nagar Extension, Tonk Phatak, Jaipur.

62. Rupendra Sharma S/o Gopalkrishan Sharma, Aged About 34 Years, R/o 1525, Teli Mohhla, Kalyanganj, Bassi, Jaipur.

63. Rakesh Sharma S/o Jagdish Prasad Sharma, Aged About 33 Years, R/o Plot No. 25, Sriramnagar, Jhotwara, Jaipur.

64. Lata Kumari Bhawsar D/o Nandlal Bhawsar, Aged About 33 Years, R/o 145-B-3, Shakti Nagar, Dadabari, Kota.

65. Gajendra Kumar Rinwa S/o Murli Manohar Rinwa, Aged About 29 Years, R/o Bhramin Street, Near Jat Mindir, Kuchera, Nagaur.

66. Abhilash Kalla S/o Birjmohan Kalla, Aged About 29 Years, R/o Plot No. 3 Mahaveer Puram, Bhind Chopasni, Jodhpur.

67. Sharda D/o Virendra Singh, Aged About 30 Years, R/o H.no. 30, Vill. Malasray, Goverdhan, Mathura.

68. Shanu Goyal D/o Vishnu Dutt Goyal, Aged About 36 Years, R/o 55/35 Rajat Path , Mansarovar , Jaipur.

69. Uma Gemini D/o Shrikishan Gemini, Aged About 37 Years, R/o 91, Old Industrial Area,bharartpur

70. Arti Devi D/o Padam Chand, Aged About 32 Years, R/o Near Shubham Marriage Home,kherli Road Nagar,

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Bharatpur.

71. Ravi Gupta S/o Kedar Mal Gupta, Aged About 28 Years, R/o 23, Soni Ka Bag, Murlipura, Jaipur.

72. Rekha Choudhary D/o Lallu Ram Choudhary, Aged About 28 Years, R/o Chopra Ki Dhani, Chomu, Jaipur.

73. Pankaj Sharma S/o Late Harphool Sharma, Aged About 36 Years, R/o 176A, Swami Vihar, Nirman Nagar, Jaipur.

74. Rakesh Kumar S/o Jeevraj Singh, Aged About 34 Years, R/o Post Mada, Sadri, Pali.

75. Alka Rani D/o Durga Prasad Sharma, Aged About 35 Years, R/o 319, Yashwant Nagar, Khatipura, Jaipur.

76. Suman Godara D/o Prithviraj Singh, Aged About 32 Years, R/o Manphulsingh Wala, Post Laduwala, Sriganganagar.

77. Preeti Sharma D/o Pyare Lal Sharma, Aged About 33 Years, R/o Infront Of Brahmin Dharamshala, Hatwara Bazar, Distt. Karauli.

78. Shila Kumari Meena D/o Roshan Lal Meena, Aged About 30 Years, R/o Ward No.8, Norana, Sikar.

79. Mohmmad Sikandar S/o Mubarak, Aged About 30 Years, R/o Near Madina Mazid, Balotra, Distt. Barmer.

----Petitioners Versus

1. Rajasthan High Court, Jodhpur Through Its Registrar General.

2. Rajasthan High Court, Jodhpur Through Its Registrar (Examination).

                                                                 ----Respondents


For Petitioner(s)         :     None present
For Respondent(s)         :     Mr. A.K. Sharma, Sr. Advocate
                                through VC with Mr. V.K. Sharma,

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order

16/02/2022

Even in second round no one is present for the petitioners.

The petitioners have challenged the result of the Rajasthan High

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Court Judicial Service (Civil Judge), Examination which result was

declared on 16th and 17th of October, 2019. According to the

petitioners there should have been the process of re-evaluation of

the answer sheets of the main written examination. This is the

main prayer of the petitioners namely that for permitting re-

evaluation.

The respondents have appeared and filed the reply pointing

out that the entire examination was conducted in a transparent

and fair manner. The rules or policy of the High Court does not

permit re-evaluation.

It is settled law through series of judgments of the Supreme

Court that in any examination a candidate can seek re-evaluation

only if the rules or the conditions of such examination recognize

such right. There is a vital difference between rechecking which

would ordinarily include merely re-totaling of the marks allotted

under different heads and the re-evaluation where the answer

sheet of the candidate which is already assessed by the examiner

appointed, would be sent for re-evaluation at the hands of another

examiner and dependent on the rule position, in case of wide

fluctuation of assessment between the two, the result may be

modified. However this depends on rules recognizing any such

procedure. When it is pointed out that no procedure is adopted by

the respondents directions for subjecting the answer sheets of the

candidates to re-evaluation cannot be issued.

The petition is dismissed.

(MANOJ KUMAR VYAS),J (AKIL KURESHI),CJ

B.M.GANDHI/15

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