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    Vikesh Kumar Gupta v. State Of Rajasthan .

    Alok Sharma, J.:— This court is both surprised and concerned that on a peculiar interpretation of Bhunda Ram v. State of Raj. DBSAW No. 922/2018 decided on 12.3.2019, RPSC, a constitutional body, seeks to reshuffle the select list for appointment to the post of Senior Teacher in the subject of Social Science pursuant to the advertisement dated 13.7.2016 on the basis of an incorrect answer key where in respect of question nos. 8 and 84 of General Knowledge and question no. 21 of Social Science Group-II Paper-II, the Division Bench held that while question no. 8 of General Knowledge deserved to be deleted, the correct answer of question no. 84 of GK was option (2) and correct answer of question no. 21 of Social Science Group-II Paper-II was option (3). Indeed the aforesaid judgment of the Division Bench confined the relief to the appellants before the Court and saved the selections already made on the basis of the incorrect answer key. This court is however unable to prima facie see any direction in the judgment of Bhunda Ram (supra) which allows the RPSC a constitutional body and wedded to the idea of reasonableness and fairness to yet proceed with the reshuffled result and making fresh selections thereon on the basis of the incorrect answer key- ;as is sought to be now done and challenge thereto in this petition resisted. Effectively RPSC seeks to use an incorrect answer key for future selections.

    2. In the circumstances, the Chairman, RPSC consider whether such a situation can obtain under his watch and is directed to file an affidavit as to why the reshuffling for selection of Senior Teacher (Social Science) in respect of the recruitment in issue should be drawn on the basis of an incorrect answer key and as to whether to so do would be just and fair discharge of RPSC's constitutional function.

    3. Put up on 25.7.2019 at 02:00 PM along with SBCWP No. 10010/2019. In the meantime, appointments to the post of Senior Teacher (Social Science) qua the advertisement dated 13.7.2016 not be made on the basis of reshuffled result even if recommendations thereon have been sent to the State Government on its requisition.

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    Vikesh Kumar Gupta v. State Of Rajasthan .
    (Jul 10, 2019)