Rajasthan Board Of Secondary ... vs Indu Patel
2022 Latest Caselaw 3350 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 160/2022

1. Rajasthan Board Of Secondary Education Ajmer, Ajmer Through Its Secretary.

2. Coordinator, Rajasthan Eligibility Examination For Teachers (Reet), 2021 Board Of Secondary Education, Ajmer.

----Appellants Versus Indu Patel D/o Shri Madan Lal, Aged About 23 Years, R/o Near Police Station Luni, Dist. Jodhpur, Rajasthan.

                                                                     ----Respondent


For Appellant(s)            :     Mr. M.S. Singhvi, Advocate General
                                  with Mr. K.S. Lodha
                                  Mr. Akhilesh Rajpurohit
For Respondent(s)           :     ---

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Order

04/03/2022

The State has challenged the judgment of the learned Single

Judge dated 02.03.2022 by which, accepting the objection of the

candidates who had appeared in REET 2021 examination, the

learned Single Judge has directed the State authorities to

reconsider the correctness of the answers to one of the questions.

The benefit, if ultimately accrued even after this exercise, would

be given only to the petitioners who had raised this question.

Learned Advocate General appearing for the State submitted

that the final result sheet has already been prepared.

Implementing the decision of the learned Single Judge would

upset the entire exercise undertaken so far. In any case, the

(2 of 2) [SAW-160/2022]

question was deliberated by the expert committee formed by the

Government and which had opined that option No. 1 was the

correct answer. The learned Single Judge has exceeded the scope

of judicial review in such matters as has been discussed in various

judgments of the Supreme Court and in particular in the case of

Ran Vijay Singh and others Vs. State of Uttar Pradesh and

others ((2018) 2 SCC 357).

Issue notice to the respondent, returnable on 24.03.2022.

By way of ad-interim relief, the impugned judgment of the

learned Single Judge is stayed.

(REKHA BORANA),J (AKIL KURESHI),CJ 73-jayesh/-

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