Citation : 2024 Latest Caselaw 1423 Raj/2
Judgement Date : 29 February, 2024
[2024:RJ-JP:10393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11287/2018
1. Darab Singh S/o Shri Ramveer Singh, R/o Village And
Post Bhatawali, Tehsil Kumher, District Bharatpur
Rajasthan.
2. Anjali D/o Shri Ram Gopal, R/o Village And Post Enchera,
Tehsil Nadbai, District Bharatpur Rajasthan.
3. Priyanka Kumari D/o Shri Bhupendra Prasad, R/o
Gayakund Mohallah, Kaman, Tehsil Kaman, District
Bharatpur Rajasthan.
4. Arti D/o Shri Samaya Singh, R/o Village And Post
Bhatawali, Tehsil Kumher, District Bharatpur Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan Through Its Chief Secretary, Govt. Of
Rajasthan, Govt. Secretariat, Jaipur Rajasthan
2. The Secretary, Board Of Secondary Education Rajasthan
B.s.e.r., Ajmer, Rajasthan.
3. The Director Elementary Education Rajasthan, Bikaner,
Distt. Bikaner Rajasthan.
4. The Coordinator, Rajasthan Eligibility Examination Of
Teacher Reet 2017 Board Of Secondary Educati
----Respondents
For Petitioner(s) : Mr. Jagmohan Bhardwaj For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
29/02/2024
Counsel for the petitioner fairly submits that the issue raised
in the present petition has been put to rest by the Co-ordinate
Bench of this Court in case of Vivek Kumar Devesh & Ors. Vs.
State of Rajasthan & Ors. S.B. Civil Writ Petition No.
9603/2018 decided on 08.10.20218, in which it has been held
as under:-
[2024:RJ-JP:10393] (2 of 2) [CW-11287/2018]
i.) Upon hearing the learned counsel for the parties and on a critical examination of the materials available on the record so also applying the principles deducible from the opinions referred to and relied; the writ applications seeking a direction for normalization/equalization of marks of different examinations of RTET/REET for the year 2011, 2012, 2015 and 2017, in the selection process involved herein, cannot be accepted.
ii.) The grievance raised as to the disputed questions, suffice it to say that the objections submitted earlier with reference to 226 questions only out of 510 questions, included these very questions. The respondents placed the disputed questions, including those which are subject matter of the instant writ applications and "Expert Committee" examined and furnished its opinion. Hence, the challenge for the second time on inferential basis, contrary to the opinion of the "Expert Committee"; is not open for further interference in the factual matrix of the case at hand. That apart, the recruitment process cannot be made in never ending process. Moreover, there is a presumption as to the correctness of the key-answers and even in the event of doubt, if any, the benefit should go to the examination authority rather than to the candidate.
In view of the above, the present writ petition is also
dismissed having no merit.
Since the main petition has been dismissed, the stay
application and all other pending application/s, if any, also stand
dismissed.
(GANESH RAM MEENA),J
DIVYA SAINI /233
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