Rajasthan Public Service ... vs Surjan Lal Dhawan S/O Prabhu Dayal ...
2022 Latest Caselaw 4318 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               D.B. Special Appeal (Writ) No.652/2022

                                          In

                  S.B. Civil Writ Petition No.4777/2021

Rajasthan Public Service Commission, Through Its Secretary,
Ajmer.
                                                                        ----Appellant
                                      Versus
1.       Surjan Lal Dhawan S/o Prabhu Dayal Dhawan, Aged
         About 35 Years, R/o Village Pandit Pura Panchmukhi,
         Badiya Road, Dausa, (Raj)
2.       Pooja Sharma W/o Prahlad Kumar Sharma, Aged About
         31 Years, R/o Fci Goam Raod, Sainik Nagar, Ganpapur
         City, Sawaimadhopur (Raj.) 322201
3.       Bakeel S/o Mukhtyar Singh Gurjar, Aged About 31 Years,
         R/o   Vill.   Tarsuma,       Tehsil      Bayana,          Bharatpur   (Raj.).
         321405.
4.       Tola Ram Jakhar S/o Tejram Jakhar, Aged About 32 Years,
         R/o 30 Dodd, Hanuman Nagar Makeri, Bikaner (Raj.)
         334023.
5.       Pooja Rani Saxena W/o Rang Bihari, Aged About 43 Years,
         R/o Ward No. 08 Near Ram Mandir, Anupgarh, Sri Ganga
         Nagar, (Raj.) 335701
6.       Sonia Nagpal W/o Fateh Chand Nagpal, Aged About 28
         Years, R/o W. No. 12, H.no. 187, Purani Abadi, Sri
         Ganganagar (Raj.). 335001.
7.       Durga Ram Meghwal S/o Girdhari Ram, Aged About 34
         Years, R/o Vpo-Dabra, Naguar (Raj.). 341506
8.       Lukman S/o Lal Khan, Aged About 34 Years, R/o Ward
         No. 10, Purani Ginani Near Mffr Road, Mahajan, Bikaner
         (Raj.) 334604.
9.       Khem Raj Meghwal S/o Sava Ji Meghwal, Aged About 36
         Years,    R/o    Vpo-Vallabh,          Tehsil-Girwa,         P.s.   Kurawar,
         Udaipur, (Raj.).
10.      Raj Kumar S/o Man Singh, Aged About 33 Years, R/o Viii,
         Bhojewala,        Post-Somasar,             Tehsil         Suratgarh,     Sri
         Ganganagar (Raj.)., 335804.


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11.   Rameshwar Lal S/o Chuna Ram, Aged About 28 Years,
      R/o Chak 662, Road Siyasar, Panchkosa, Tehsil Pugal,
      Distt. Bikaner (Raj.). 334808.
12.   Bhavani Shankar Tard S/o Haramana Ram Tard, Aged
      About 28 Years, R/o Vpo-Surnana, Tehsil-Loonkaransar,
      Distt. Bikaner (Raj.). 334603.
13.   Ajay Dev Dutt Pater S/o Anna Ram, Aged About 31 Years,
      R/o      Vpo-Bhadwan           Wala,        Tehsil-Raisinghpura,            Shri
      Gangapur (Raj.). 335051.
14.   Chandrabhan S/o Shri Kishori Lal, Aged About 27 Years,
      R/o     Village    Ekalkhori,       Tehsil      Osian,       Distt.    Jodhpur,
      Rajasthan.
15.   Surajmal S/o Shri Amra Ram, Aged About 30 Years, R/o
      Santosh Taior, Sabji Mandi, Nehru Market, Bhinmal Distt.
      Jalore, Rajasthan.
16.   Bharat Singh Rajpurohit S/o Shri Jog Singh, Aged About
      39 Years, R/o Village Badawas, Sankarna, Tehsil Ahore,
      Distt. Jalore, Rajasthan.
17.   Kiran Kumari D/o Shri Nayan Kumar, Aged About 37
      Years,      R/o      Village        Dhamora,               Sankarna,      Tehsil
      Udaipurwati, Distt. Jhunjhunu, Rajasthan.
18.   State     Of      Rajasthan,        Through          Principal        Secretary,
      Education,        Department            Govt.,       Secretariat,         Jaipur
      (Rajasthan).
19.   The Director, (Secondary Education), Rajasthan, Bikaner
      (Rajasthan).
                                                                   ----Respondents

Connected with

D.B. Special Appeal (Writ) No.653/2022

In

S.B. Civil Writ Petition No.4585/2021

Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

----Appellant Versus

1. Aarti Devi Sharma D/o Shri Mahesh Chand Sharma, Aged About 31 Years, R/o Village Mohanwadi, Post

(3 of 6) [SAW-652/2022]

Jahota, Tehsil Amer District Jaipur Rajasthan.

2. Manraj Meena S/o Shri Bharat Lal Meena, Aged About 30 Years, R/o Village Adalwara Kalan, Tehsil Chauth Ka Barwara District Sawai Madhopur Rajasthan.

3. Dharamveer Singh S/o Shri Sajjan Singh, Aged About 28 Years, R/o Data Shree Kishore Agro Farm, 15 Mile, Indroka, District Jodhpur, Rajasthan.

4. Unkar Singh Bhati S/o Shri Devi Singh Bhati, Aged About 28 Years, R/o Village Rajbera, Post Undu, Tehsil Shiv District Barmer, Rajasthan.

5. State Of Rajasthan, Through Principal Secretary, Education, Department Govt., Secretariat, Jaipur (Rajasthan).

6. The Director, (Secondary Education), Rajasthan, Bikaner (Rajasthan).

----Respondents

D.B. Special Appeal (Writ) No.655/2022

In

S.B. Civil Writ Petition No.11533/2021

Rajasthan Public Service Commission, Through Its Secretary, Jaipur Road, Ajmer, Rajasthan.

----Appellant Versus

1. Bhanwar Lal Bhambi S/o Pancha Ram, Aged About 34 Years, R/o Ramdev Mandir Ke Pass, Vpo Kathoti, Tehsil Jayal District Nagaur Rajasthan.

2. The State Of Rajasthan, Through Its Secretary, Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur.

3. Director, (Secondary Education), Bikaner Rajasthan.

----Respondents

D.B. Special Appeal (Writ) No.656/2022

In

S.B. Civil Writ Petition No.4115/2021

(4 of 6) [SAW-652/2022]

Rajasthan Public Service Commission, Through Its Secretary, Ajmer.

----Appellant Versus

1. Hemraj Rodiya S/o Babu Lal Bairwa, Aged About 38 Years, Resident Of 357/117, Jadon Nagar-A, Opposite Durgapura Railway Station, Durgapura, Jaipur Rajasthan.

2. Kamal Yadav S/o Shishram Yadav, Aged About 31 Years, R/o F-74, Gandhi Nagar, Jaipur Rajasthan.

3. Mankor Devi Gurjar D/o Babu Lal Gurjar, Aged About 28 Years, R/o Village Nekawala Post Bobari, Via Gathwari Tehsil Jamwaramgarh District Jaipur Rajasthan.

4. Dharmi Chand S/o Bheru Ram Mat, Aged About 30 Years, R/o Village Rohisara, Post Dodiyana Tehsil Riyan Bari, District Nagaur Rajasthan.

5. Ramprasad Meena S/o Jaynarayan Meena, Aged About 30 Years, R/o Village Trilokinathpura, Post Jhanpada Kalan Tehsil Chaksu, District Jaipur, Rajasthan.

6. Mamta D/o Nahar Mal, Aged About 32 Years, R/o Village And Post Dhingpur Tehsil Dantaramgarh, District Sikar, Rajasthan.

7. Vedprakash Choudhary S/o Laxman Singh, Aged About 30 Years, R/o Khedi, Post And Tehsil Ramgarh District Alwar Rajasthan.

8. Net Ram Bhupesh S/o Syochand Bhupesh, Aged About 37 Years, R/o Village Madhogarh, Via Bahai Tehsil Khetri District Jhunjhunu Rajasthan.

9. Manphool Ram S/o Jadish Ram, Aged About 30 Years, R/o Village 10 Bb Po Ratewala, Tehsil Padampur, District Shri Ganganagar, Rajasthan.

10. Vikram Singh S/o Madan Singh Rajput, Aged About 33 Years, R/o Village And Post Dalpatpura Tehsil Nohar District Hanumangarh, Rajasthan.

11. State Of Rajasthan, Through Principal Secretary, Education, Department Govt., Secretariat, Jaipur (Rajasthan).

12. The Director, (Secondary Education), Rajasthan, Bikaner (Rajasthan).

                                          (5 of 6)                     [SAW-652/2022]


                                                                ----Respondents


For Appellant(s)         :     Mr. Mirza Faisal Baig, Advocate
For Respondent(s)        :     Mr. Prem Chand Dewanda, Advocate
                               with Mr. Hemraj Rodiya, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

30/06/2022

These appeals arise out of an interim order passed by Ld.

Single Judge in the matter of directions issued for re-examination

by experts committee of those questions which have been

disputed in the writ petitions which are pending consideration

before Ld. Single Judge.

Learned counsel appearing for the appellants in these cases

would submit that detailed reply affidavit alongwith the chart

showing consideration of various questions by more than one

committee was submitted before Ld. Single Judge but the Ld.

Single Judge has recorded finding that all the questions have not

been decided whereas the disputed questions which were raised

by the appellants upto 05.03.2021 were considered. According to

him 99 disputed questions were examined by the first expert

committee and 74 disputed questions were examined by the

second expert committee, which according to him is in compliance

of the directions issued by the Court during the pendency of the

petitions.

The said position is disputed by learned counsel for the

private respondents/writ petitioners in all the appeals by

submitting that the stand of the appellants is factually not correct

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and they have not considered all the disputed questions which are

part of the pleadings and reference of which has been made in the

Press Note dated 10.11.2021.

We find that the main writ petitions which are pending before

the Court are mainly on the issue as to whether the examination

is vitiated on account of questions which are said to be defective

for one reason or the other. The directions have been issued by

the Ld. Single Judge for scrutiny of question paper by the

committee of experts. At this stage, when the writ petitions have

remained pending for final decision, it is not necessary for us to go

into these aspects minutely, however, we would observe that

observations made by the Ld. Single Judge in all the cases would

be subject to the final outcome of the petitions because in the

ultimate paragraph of the order impugned, the Ld. Single Judge

has also observed that if disputed questions have not been re-

examined, the RPSC shall re-examine those questions as

mentioned in the writ petitions.

At the time of final hearing, it would be open for both the

parties to contend before the Court regarding the scrutiny of

disputed questions and make submissions with regard to the

effect and impact of non-scrutiny of any question which may be

found during the course of final hearing in the pending writ

petitions.

With the aforesaid directions and observations, these

appeals, at this stage, are disposed off.

Office is directed to place a copy of this judgment on record

of each appeal.

(SHUBHA MEHTA),J (MANINDRA MOHAN SHRIVASTAVA),J Karan/7-10

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