Balbhadrya Yadav vs R.P.S.C. and Others

Ajay Rastogi, J.—Joint grievance has been raised by Petitioners that they are physically challenged persons and appeared in RAS (Preliminary) Examination, 2010 held under Rajasthan State and Subordinate Services (Direct recruitment by Combined Competitive examination) Rules, 1999 ("Rules, 1999") by Rajasthan Public Service commission ("PSC") pursuant to advertisement dt.30/06/2010 and despite 3% reservation has been provided to the physically challenged persons under advertisement impugned herein but while declaring result (Ann.4) of RAS (Prel) Examination, 2010, only last cut off marks in various categories (General, SC/ST including TSP, OBC and SBC) has been published on 14/11/2010; but separate list of 15 times of number of advertised vacancies against 3; reserved quota for physically challenged persons has not been published and they are also not known about result of their labour which they have put in and the marks which they have secured while appearing in RAS (Prel) Examination, 2010, which has caused great hardship to them.

It is true that the applicants who appeared in RAS (Prel) examination, had a bonafide belief that they would get an opportunity for appearing in RAS (Main) examination but under the Scheme of Rules, 1999, 15 times of number of advertised vacancies in the respective category can only be permitted to appear and participate in RAS (Main) examination on the basis of performance in RAS (Prel) Examination; and rest of those having not fallen within 15 time of number of advertised vacancies in respective category are certainly restrained from further consideration and participation in main examination.

However, this Court finds substance in the submission made by Counsel for Petitioners that those who appeared in RAS (Prel) examination 2010 must know final fate of their labour which they have put in, that alone will give them an opportunity to improve their performance as and when next examinations being held by the PSC.

As regards submission made on behalf of Petitioners with respect to declaration of marks which they have secured in RAS (Prel) Examination, 2010, Counsel for Respondent-PSC submits that there is a policy decision in not disclosing marks obtained by applicants for their participation in Preliminary examination obviously because it is only the process of short listing of those having fallen within 15 time number of advertised vacancies for participation in main examination. In the opinion of this Court, if candidates appeared in the examination whether it is for short listing or main process of selection including written examination and interview, atleast they are expected to know marks secured in their preliminary written examination, which as observed supra will give an opportunity to improve them and put hard labour to come up with cut off marks in the select list while preparing for ensuing examination, that alone will be the purpose for their improvement in performance.

That apart, Petitioners have further raised grievance that result of preliminary examination (RAS), 2010 was declared while publishing only cut off marks of respective reserved category but not disclosing even cut off marks of category of 3% reservation for physically challenged persons, which has certainly deprived them of legitimate right of consideration and participation in RAS (Main) examination, 2010.

As regards latter submission made on behalf of Petitioners, Counsel for Respondent-PSC has placed reliance upon decision of this Court in Rekha Kumari Meena v. State (CWP 4850 2008 decided vide judgment dt.29.07.2008) wherein the issue came up for consideration as to whether candidates who had appeared against vacancy reserved for physically challenged person s are entitled to get separate list published of 15 times of advertised vacancy of that reserved category, which was repelled and this Court finally held that 3% reservation for physically challenged persons are horizontal reservation and are not entitled for separate declaration of result for their participation in the ratio of 1:15 of number of vacancies advertised.

Consequently, the Respondent PSC is directed to publish within ten days making available at their website about marks which the applicants have secured in RAS (Prel) examination, 2010 held under the Scheme of service Rules, 1999.

With the directions (supra), writ petitions stand disposed of.