Order
1. Leave granted. In 2005, the Rajasthan Public Service Commission conducted test for the posts of Civil Judge (Junior Division) and 87 candidates were selected and they were appointed as Civil Judge (Junior Division) in 2007. The Rajasthan Public Service Commission had adopted a method of scaling for the purpose of assessment of answer sheets. Because of this, some of the candidates who had obtained less raw marks which were scaled up were called for interview and subsequently selected and appointed. Therefore, a series of writ petitions were filed before the High Court challenging the scaling method adopted by the Public Service Commission. The High Court by the impugned judgment WP (C) No. 3942 of 2007 has given certain directions and held that the fresh interviews of the candidates be taken based on their raw marks obtained by them. As regards the candidates who have been already appointed by the Rajasthan Public Service Commission, the High Court held that their appointments shall not be disturbed.
2. Now, pursuant to the directions of the High Court, it appears that eight candidates who had already undergone interview secured more marks than the candidates who were already appointed to the Judicial Service based on raw marks and six other candidates, namely, Sarita Noushad, Ashutosh Kumawat, Rajant Khatri, Toshita Verma, Sarita Dhakad and Divya Singh were not subjected to interview though they have got higher raw marks. They have to be interviewed by the Rajasthan Public Service Commission. If any one of them is found to be eligible, such candidates are also entitled to get appointment. Eight candidates who had already secured more marks than the last candidate appointed, in their category should be considered for appointment.
3. The Rajasthan Public Service Commission is directed to conduct interview of the abovenamed six candidates within a period of three weeks. The eight candidates who had already undergone interview, need not be interviewed again. Final list of eligible candidates based on the marks secured by the candidates who were already interviewed and are to be interviewed, shall be prepared and from the said list appointments on nine vacant posts shall be made in order of merits to be so prepared. We are told that the names of the candidates who were already selected in 2008 are sent for appointment to the Government. Naturally, the appointments pursuant to this order would take place after the appointments of the candidates selected in 2008 but they will be entitled to get seniority after their appointments.
4. The civil appeals are disposed of accordingly.
SLP (C) No. 6569 of 2010; WPs (C) Nos. 102, 113, 114, 134, 142, 146 and 128 of 2010
5. All the writ petitions filed under Article 32 in respect of the years 2005 and 2008 and Special Leave Petition (C) No. 6569 of 2010 are dismissed as withdrawn.