Dinesh Mehta, J.:— The present bunch of appeals questions the correctness of the judgment dated 5.5.2018, passed by the learned Single Judge in various writ petitions, challenging the answer key published by the respondent Rajasthan Public Service Commission (hereinafter referred to as ‘the Commission’ or ‘RPSC’), pursuant to the advertisement dated 13.7.2016 for recruitment to the post of Senior Teacher.

2. Numerous candidates having vied for the post of Senior Teacher pursuant to the aforesaid advertisement dated 13.7.2016 filed writ petitions and challenged the result/revised answer key dated 3.2.2018/6.2.2018, as according to them the answers to many questions given in the answer key were wrong. The said group of writ petitions was heard by the learned Single Judge conjointly involving various questions and answers of Paper-I (General Knowledge-I); Paper-II (Subject-Sanskrit, Hindi); Paper-I (General Knowledge-II) and Paper II (subject-Social Science).

3. It is to be noticed that the answer key of the paper - General Knowledge was initially published on 21.8.2017; for the papers of Social Science and Sanskrit on 30.8.2017; and for the paper of Hindi on 1.9.2017. After publication of the model answer key, the respondent Commission invited objections from the candidates.

4. The candidates submitted their objections regarding various questions and answers, whereafter the Commission issued revised answer key for the papers of General Knowledge on 3.2.2018 and 8.2.2018, for the subject of Social Science on 6.2.2018 and for the subject of Sanskrit on 14.2.2018 and for the subject of Hindi on 15.2.2018.

5. Some of the candidates approached this Court by way of filing writ petitions at Jodhpur, while some had approached Jaipur Bench of this Court. Learned Single Judge at Jodhpur as well as at Jaipur almost simultaneously considered the concern shown by the candidates; but in a id to avoid conflicting decisions, learned Single Judge at Jaipur did not dilate upon the questions, which were subject matter of challenge before learned Single Judge at Jodhpur.

6. The case of the first appellant Bhunda Ram was decided by the learned Single Judge alongwith the bunch of writ petitions heard at Jodhpur, whereas some of the appellants have filed leave to appeal as they had earlier filed writ petitions at Jaipur, but their rights are affected by the adjudication made by learned Single Judge at Jodhpur, vide its order dated 5.5.2018.

7. We grant them the leave to appeal. Some of the appeals have been filed belatedly. As we are otherwise hearing the lead appeal on merit, we deem it in the interest of justice and hence allow their application(s) under Section 5 of the Limitation Act and proceed to hear such appeals on merit.

8. The writ petitioners had questioned the correctness of as many as 33 questions before the learned Single Judge.

9. Learned Single Judge firstly considered various judgments cited by the learned counsel appearing for both the sides and thereafter, proceeded to pronounce on each of them. Learned Single Judge has given his verdict qua some of the questions holding the answers to be correct based on his reasoning and/or relying upon experts' opinion refused to interfere (23); while referring some of the questions (8) to the expert committee to be constituted by the RPSC. As regards remaining two questions, being question No. 6 & 79 of subject paper Sanskrit, as no objection was raised by the candidates before RPSC, when first answer key was published, learned Single Judge did not permit the challenge.

10. The appellants have preferred the present intra-court appeals, being dissatisfied with the adjudication made by the learned Single Judge, as according to them the view taken by the learned Single Judge was not in confirmity with the material available on record and/or the same is incorrect.

11. Counsel from both the sides have cited scores of judgments; the appellants cited judgment to buttress their contention that the High Court has power to cure or correct the answer key and to quash the result in appropriate cases; whereas the respondent RPSC relied upon judgments, ruling that the High Court should refrain from interfering in such matters and they should better be left to the wisdom of the experts.

12. During the course of argument Mr. Joshi learned counsel appearing for the respondents RPSC informed that they have carried out the adjudication made and directions given by the learned Single Judge in the impugned judgment and have not filed any appeal thereagainst. This being the position and in view of the fact that the learned Single Judge has pronounced upon some of the questions, while holding the answers given in the revised answer key to be wrong; some of the answers to be correct, while leaving some of the questions un-adjudicated while relying upon the experts' opinion, we deem it necessary to examine correctness of the adjudication made by learned Single Judge in relation to some of the questions posed before us. Bearing the principles laid down by Hon'ble Supreme Court in mind, we set out for scrutiny of the questions; answers and the findings arrived at by learned Single Judge.

13. Learned counsel for the appellants have confined their grievance to only few of the questions, adjudication whereof by the learned Single Judge was purportedly erroneous. For the sake of convenience, we are reproducing the contentious question; its answer in the first answer key; the answer in the revised answer key, experts' opinion and adjudication made by the learned Single Judge:

(1) Question No.(8): GENERAL KNOWLEDGE GROUP-II

Paper I

Q. 8 According to ‘Desertification and Land Degradation Atlas of India (ISRO-2007) the total area under desertification in Rajasthan is (1) 70% (3) 65% (2) 67% (4) 59%

Answer as per First Answer Key - (2) 67%

Answer as per Second Answer Key - (2) 67%

Answer given by Appellant - (3) 65%

(Nearest Answer) Learned Single Judge:- “(2) 67%” is the correct answer.

14. Mr. Bharat Devasi learned counsel for the appellants submitted that the question aforesaid was specific and required the candidate to give figures of desertification in Rajasthan, as per “Desertification and Land Degradation Atlas of India (ISRO-2007). He contended that though he could not lay hands on such ISRO-2007, but ISRO has published Desertification and Degradation Atlas of India in June, 2016 giving out figures for desertification on the basis of survey conducted during 2003-05 and 2011-13, according to which, desertification in Rajasthan was 63.19% during 2003-05, whereas it was 62.90%, during the period 2011-13 and accordingly, the answer given by the appellant viz., 65% being nearest to the said figure was correct; whereas learned Single Judge has accepted the answer given by the RPSC viz., 67% to be correct, without there being any authenticated material

15. Mr. Joshi, learned counsel appearing for the respondent justifying the answer given by the commission contended that the same is verifiable from the perusal of page no. 470 of the book known as “Geography of Rajasthan” written by Professor HS Sharma and Dr. ML Sharma, published by Panchsheel publication.

16. During the course of arguments, we asked the learned counsel for the Commission to produce the Desertification and Land Degradation Atlas of India (ISRO-2007) itself, so as to be sure of the date, instead of resorting to books written and published by different authors.

17. To our surprise, the expert committee has not resorted to said publication ISRO-2007, nor was the Commission in a position to place the said ISRO-2007. We have also tried at our end to lay hands to such Atlas, if the same was available at the website of ISRO, but we record that our efforts bore no fruits. However, as per the Desertification and Land Degradation Atlas of India published by ISRO in June, 2016, which is available on its website, we find that the percentage of desertification in Rajasthan for 2003-05 and 2011-13 has been indicated as 63.19% and 62.90%.

18. Having gone through the material placed for our consideration and considering the arguments advanced by rival counsel, we are of the opinion that when the question was so specific, the respondent Commission can rely only upon “Desertification and Land Degradation Atlas of India (ISRO-2007)”, and not upon any other book, guide or paper whosoever may be its author. In the face of such categorical question, the expert committee and the Commission was required to rely upon ISRO-2007 only. The Commission and expert committee apparently not looked at such report; they have not even produced the same for perusal of this Court, so that it can reach to a definite/correct conclusion.

19. This being the situation, the Commission has erred in relying upon the book “Geography of Rajasthan”, | authored by Professor HS Sharma and Dr. ML Sharma as such book is a purported reproduction or interpretation of ISRO-2007.

20. Notwithstanding the above, we are still not inclined to accept the argument of the appellant that his answer of 65% being closest to 63.19% should be held to be a correct answer. The question as well as the suggested answer(s) given in relation thereto are wrong.

21. The question (question no. 8) of General Knowledge Group-II, Paper-I thus deserves to be deleted.

(2) Question No.(15): GENERAL KNOWLEDGE GROUP-II, PAPER-1

Q. 15. Which of the following statements about Ahar is not correct ? (1) Excavation of Ahar has thrown light on various phases of human life; (2) Houses were built on brick foundations. (3) The super-structures of either clay or mud bricks have all gone. (4) Aharians mixed quartz nodules and chips in clay to strengthen and beauty the walls and foundations.

Answer as per First Answer Key - (2) Houses were built on brick foundations.

Answer as per Second Answer Key - (2) Houses were built on brick foundations.

Answer given by Appellant - more than one incorrect statement

Learned Single Judge:- “(2) Houses were built on brick foundations.” is the correct answer.

22. Mr. Devasi learned counsel for the appellants submitted that both the options, namely option no.(2) and (3) reproduced above are correct. In support of his arguments, learned counsel for the appellants relied upon following books:

23. Navigating the Court through above referred books, he submitted that the combined reading of the aforesaid books shows that both the answer No.(2) and (3), are correct.

24. As against this, Mr. Joshi learned counsel appearing for the Commission relied upon a book written by Dasrath Sharma “Rajasthan through the Ages, Vol-1, Page 35 and submited that the answer given by the RPSC, duly confirmed by the learned Single Judge, viz., “answer No.(2)-Houses were built on brick foundations”, was the correct answer.

25. Having considered the question, corresponding answers and relevant material, though we are of the prima-facie opinion that the best answer out of the four options given is that “Houses were built on brick foundations.” but as a note of caution we would like to add that the questions, the answers whereof is not very specific and the same depends upon various aspects, the court should go with experts' opinion, until and unless it is ex-facie, rather shocking, erroneous.

26. We therefore, affirm the finding of the learned Single Judge qua this question.

(3) Question No.(84): GENERAL KNOWLEDGE GROUP-II, PAPER-1

Q. 84. According to Terman very superior contain. (1) Above 140 I.Q. (2) 120-125 I.Q. (3) 110-115 I.Q. (4) Below 110 I.Q.

Answer as per First Answer Key - Question was deleted.

Answer as per Second Answer Key - (1) Above 140 I.Q.

Answer given by Appellant - (2) 120-125 I.Q.

Learned Single Judge - “(1) Above 140 I.Q.” is the correct answer.

27. Counsel for the appellants pointed out that the RPSC had firstly deleted the question and, thereafter, in the revised answer key, answer (1) namely, “above 140 IQ” has been given as the correct answer, which stood affirmed by the learned Single Judge.

28. Learned counsel for the appellants questioning the correctness of the adjudication made by the learned Single Judge, placed for our consideration, photocopy of work of Lewis M. Terman: “The Measurement of Intelligence” and submitted that according to said publication, Terman had propounded that persons having intelligence quotients (IQ) of 120 - 140 are persons of very superior intelligence'. Apart from the above book of Lewis M. Terman, the appellant relied upon the following books:

29. Mr. Tarun Joshi learned. counsel appearing for the Commission submitted that the expert committee has given its opinion, relying upon the following books namely;

(1). Theory of Practice of Psychological Testing (Page NO. 223) and;

(2). Educational Psychology (page NO. 299), written by Mr. SS Chouhan.

30. He placed photocopies of these books to support the view taken by the experts.

31. We are again at a loss to comprehend that when the question is so specific and refers to the principle of Terman, why the RPSC and expert committee have not referred to the work of Terman himself. The RPSC and expert committee are at least supposed to have the book/work of Terman himself, if not the paper setter. They have failed to look at the work of Terman and instead relied upon other authors, setting out Terman's view.

32. Since the question is very specific and it required the candidates to point out the level of IQ, which according to Terman falls in the category of very superior intelligence, the answer no. 2 is the correct answer, which has been practically conceded by learned counsel appearing for the respondent Commission.

33. We therefore hold that the answer given in the revised key viz. (1), though affirmed by learned Single Judge is incorrect. We thus set aside the same and hold that the answer given by the appellants, i.e., “(2) 120-125” is the correct answer.

(4) Question No.(21): SOCIAL SCIENCE GROUP-II PAPER-II:

Q. 21 “Money is what money does” this definition of money is given by (1) Hartley Withes (2) Marshall. (3) F.A. Walker (4) Crowther

Answer as per First Answer Key — (3) FA. Walker

Answer as per Second Answer Key - Deleted

Answer given by Appellant - (3) F.A. Walker

Correct answer as per Learned Single Judge - Deleted

34. Learned counsel for the appellants submitted that the definition of money: “money is what money does”, has been coined indisputably by F.A. Walker, which is evident from the following:

3. Life history of FA Walker & Hartley Withers

4. Net Article: Money: Meaning & Functions of Money J. Singh

35. As against this, Mr. Joshi learned counsel for the respondent Commission submitted that though Monetary Economics by ML Seth suggests that option (3) is correct, but at the same time, text book of 10 and 11 relied upon by some of the students suggests that option “(1) HarleyrWithers”, is correct. As such, confronted with the conflicting opinion, the expert committee advised to delete the question, while recording the following:

Question No. (Series A) Answer Remarks/References (use proper argument or reference in support of your answer 21 1 and 3 Monetary Economics; M.L. Seth Page 33 (for option 3) Proofs given by students in text book of 10th & 11th standard favours option 1, so we cannot deny that. ANo. 7186 (in library) Both correct Delete Since two options cannot be true hence the panel advises for deletion of the question.

36. A look at the experts' opinion while dealing with the disputed question, leaves us flummoxed. The approach and the conclusion arrived at by the so called experts compels us to record our anguish and concern about the manner in which the experts have dealt with the issue. The question was very specific and the candidates were required to give name of the economist, who had given the quoted definition of money.

37. Needless to observe that F.A. Walker and Hartley Withers are known names and the experts should have known or at least resorted to the book/or work of these authors themselves to conclude with certitude. Yet again, the experts have applied rudimentary approach and have relied upon text book of 10 and 11, as if the authors of these text book have the last word on the subject. Such approach of the expert committee cannot be countenanced by any court of law.

38. The examinations were conducted for selection of teachers, who would teach students of Class 10 and 11, and the teachers, the architects of the Nation, are supposed to know the correct position. It was incumbent upon the expert committee to have resorted to authentic work of F.A. Walker and Hartley Withers and their opinion should have been based on such work, to justify the status as an experts' opinion. The expert committee is supposed to give the correct and pointed answer, instead of being swayed by the fact that different books (Monetary Economics-ML Seth and text book of 10 and 11) suggest different answers.

39. Learned Single Judge having perused the report of the experts quoted above, had came to the conclusion: “After a careful examination, this Court finds that the report of the expert committee is self explanatory.”

40. Despite keeping restraint, we are constrained to record that the experts appointed for the purpose of giving their opinion have failed to exploit their resources, let apart their expertise and instead of relying upon the authentic work of the authors, they have applied very primitive approach and resorted to the text book of 10 standard.

41. While disapproving such primitive approach of the experts; on the basis of material available, we hold that the answer given in the first answer key, namely, option (3) “F.A. Walker” is the correct answer.

42. The revised answer key vide which the question has been deleted is erroneous. The finding of the learned Single Judge affirming the same, perhaps being overawed by experts' opinion, is set aside.

(5) Question No.(65): SOCIAL SCIENCE GROUP-II PAPER-II:

Q. 65. Consider the following statement about Generalist Civil Services: (1) They mainly work at most of the top administrative positions. (2) They act as executive heads of some organization (3) They advice to the ministers. (4) They act as head of some public enterprises. Select the correct answer by using the codes given below: Codes: (1) (i), (ii), (iii) & (iv) (2) (i), (ii) & (iii) (3) (i) & (iii) (4) (i) only

Answer as per First Answer Key - (1) (i), (ii), (iii) & (iv)

Answer as per Second Answer Key - (1) (i), (ii), (iii) & (iv)

Answer given by Appellant - (3) (i) & (iii)

Correct answer as per Learned Single Judge - (1) (i), (ii), (iii) & (iv)

43. Qua the aforesaid question, both first and revised answer key published by the respondent Commission ruled that option (1) is correct answer, which said stand of the Commission has been approved by learned Single Judge.

44. Mr. Devasi learned counsel for the appellants in support of his contention that option (3) is the correct answer, relied upon the following:

45. A simple reading of the question and corresponding options given therewith leaves no room for ambiguity that the option (1) as approved by the learned Single Judge, is the correct answer; as a civil servant carries out all the above four activities.

46. We thus, do not find any infirmity in the adjudication made by the learned Single Judge in this regard.

(6) Question No.(76): SOCIAL SCIENCE GROUP-II PAPER-II:

Q. 76. In Jainism Liberated person (Jivanmukt) is called (1) Arhat (2) Kevali (3) Sthita Prajha (4) Samatva Yogi

Answer as per First Answer Key - (1) Arhat

Answer as per Second Answer Key - (1) Arhat

Answer given by Appellant (2) Kevali

Correct answer as per Learned Single Judge - (1) Arhat

47. The respondent commission has taken “Arhat” to be the correct answer in both the answer keys and the same has been affirmed by the learned Single Judge by observing that the experts' opinion is self-explanatory.

48. Learned counsel for the appellants, however, argued that the correct answer to the above referred question is “Kevali”, i.e., option (2). In support of his argument, learned counsel for appellants relied upon the following:

49. Whereas Mr. Joshi for RPSC, relied upon following:

50. After considering the material placed and using the little knowledge of jainism at our disposal, least we can say is: “Kevali” cannot be the correct answer, as “Kevali” is living person, who has attained “Kewal Gyan”, meaning, one who can see past, present and future and who has vanquished 8 Karmas; whereas “Jivanmukt” or “Liberated” means, a person, rather soul, getting freedom from the agony of life and death.

51. In this view of the matter, answer given by the RPSC, i.e., Option (1), is the correct answer. The finding of the learned Single Judge qua this question is upheld.

(7) Question No.(90): SOCIAL SCIENCE GROUP-II PAPER-II:

Q. 90. A consumer's equilibrium establishes at a point where (1) MU1/MU2=P1/P2 (2) mu1/mu2=P1/p2 = Marginal utility of income (3) mu1/P1=mU2/p2== Marginal utility of income (4) All of these

Answer as per First Answer Key - Deleted

Answer as per Second Answer Key - (4) All of these

Answer given by Appellant - (2) mu1/mu2=P1/p2 = Marginal utility of income

Correct answer as per Learned Single Judge - (4) All of these

52. The RPSC has in its first answer key decided to delete the question; whereas in revised result, option (4) “All of these” has been shown to be correct answer.

53. Learned Single Judge held that answer of the RPSC, i.e., “(4). All of these” is correct.

54. Assailing the finding of the learned Single Judge, Mr. Bharat Devasi contended that the correct answer is the option (2), which is discernible from the following:—

55. Having considered the rival submissions, we feel that no expertise is required to find out the correct answer, as a simple look at the question and its various options reveals that all the three options (1, 2 & 3) qua this question indicate one and the same thing, and as a matter of fact they are depiction of the same formula in different ways. Hence, according to us also, option (4) is the correct answer.

56. In this view of the matter, no interference is warranted qua this question.

(8) Question No.(17): G.K. GROUP-I:

Q. 17. which of the following objects are not associated with Ahar Culture sites (i) Rice (ii) Black & Read Ware (iii) Copper Objects (iv) Painted Greyware

Answer as per First Answer Key - (4) Painted Greyware

Answer as per Second Answer Key - (4) Painted Greyware

Answer given by Appellant - All alternatives (1)(2)(3)(4) deleted

Correct answer as per Learned Single Judge - (4) Painted Greyware

57. In both the answer keys published by the RPSC option (4) “Painted Greyware”, has been shown as the correct answer and the learned Single Judge has also affirmed the stand of the RPSC, while observing thus:

“After a careful examination, this Court finds that the proof annexed with the report shows that all the other three options, except option (D) i.e. Painted Greyware is correct. Though learned counsel for the respondent has tired to make out a case from the Books of the Rajasthan Board that Painted Greyware was also part of the AHAR Culture, but on examination of the literature provided, answer (D) i.e. Painted Greyware, is holding the field.”

58. Assailing the finding of the learned Single Judge, learned counsel for the appellants took us through the following to contend thatreven Painted Greywares were found at 'Ahar' Culture sites:

59. Having gone through the material placed before us, it cannot be said with firmness that Painted Greyware were found in ‘Ahar’ culture. Be that as it may, since the experts have suggested option (4) to be correct answer, we have no reason to discard the same, atleast on the basis of the material placed before us. The answer suggested by the experts has not been shown to be demonstrably incorrect, hence, we refuse to interfere.

60. We therefore, affirm the view of the experts and that of learned Single Judge, qua this question.

(9). Question No.(98): G.K. GROUP-I:

Q. 98. Which of the following river is known as the Ganga of South (i) Krishna (ii) Godawari (iii) Mahanadi (iv) Periyar

Answer as per First Answer Key - (2) Godawari

Answer as per Second Answer Key - No correct answer is found (Delete)

Answer given by Appellant - (2) Godawari

Correct answer as per Learned Single Judge - Deleted

61. With reference to the above question, RPSC in its first answer key had shown option (2) “Godawari” to be correct answer, but however in the second/revised answer key, they have decided to delete the question. The stand of the Commission has been affirmed by the learned Single Judge while observing thus:

“After a careful examination, this Court finds that the deletion of the question was done on the ground that some of the proof indicate that ‘Godawari’ was also known as ‘Ganga of South’.

62. Learned counsel for the appellants contended that option (2) “Godawari” is the only correct answer, which is clear evident from the following:

63. Whereas learned counsel for the respondent Commission submitted that in some of the books/material “Kaveri” has been shown to be “Ganga of South”. In support of his point, Mr. Tarun Joshi took us through the following:

1. INDIA-A Comprehensive Geography P-88 Dr. Khullar, Kalyani Publishers

2. Class 11-INDIA PHYSICAL ENVIRONMENT (NCERT) (P-27)

3. Geography of India P-3.21, Majid Hussain

64. Having gone through the material produced by RPSC, what we find, is that some of the authors have shown “Kaveri” to be the “Ganga of South”, whereas some have labeled “Godawari” to be the “Ganga of South”. But it is pertinent to note that option “Kaveri” is not an option available qua this question. As such, “Godawri”-the available option (2), which has been shown to be “Ganga of South” by most of the authors, is the best suited option available out of the four suggested answers.

65. We feel it apt to reproduce the reasoning given by the RPSC while suggesting deletion of this question, which runs thus:

“No correct answer is formed. Thus, the question should be deleted.”

66. According to us, there may be conflicting views about “Godawri” or “Kaveri” for being named as Ganga of South; but since “Kaveri” is not the option given, “Godawari” nearly known as “Dakshin Ganga” should have been taken to be the correct answer. The candidates having given option (2) “Godawari” cannot be deprived of their entitlement in the extant facts.

67. We therefore, hold that the decision of RPSC and corresponding approval by the learned Single Judge to delete the question was uncalled for. We further hold that out of the available options, “Godawari” was the correct answer and thus, appellants were correct in opting for option (2), “Godawari”. Deletion of this question and affirmation of this stand is, thus, set aside.

(10) Question No.(6): SANSKRIT:

Answer as per First Answer Key - (2)

Answer as per Second Answer Key -

Answer given by Appellant -

Correct answer as per Learned Single Judge - Deleted

68. In first answer key the Commission had indicated option (2) to be the correct answer, but in the second/revised answer key it has decided to delete the question as there were two correct answers, namely, .

69. Learned counsel for the appellants in support of his contention placed the following for consideration of this Court:

70. Whereas the respondent Commission relied upon

71. The expert committee constituted by the Commission has opined thus:

Question No (Series A) Answer Remarks/References (Use proper argument or references in support of your answer)

72. Looking to the nature of question, that too from the subject like Sanskrit Grammar, we are of the opinion that if the experts, having found two options to be correct, recommended to delete the question, there is no scope for any interference by this Court. The appellants have placed material indicating that option (2) is the correct answer; however, said material does not show that the other option (1), is an incorrect answer. As such, when the experts have opined that both the options are correct, the court practically having no knowledge of the subject, cannot sit over their decision.

73. We therefore, affirm the deletion of this question.

(11) Question No.(8): SANSKRIT:

Answer as per First Answer Key -

Answer as per Second Answer Key -

Answer given by Appellant -

Correct answer as per Learned Single Judge - Deleted:

74. In the first answer key, RPSC had given option (2) to be correct answer, whereas in the revised result, the question has been deleted finding both the options (1) and (2) to be the correct answers.

75. Learned counsel for the appellants asserted that option (2) is the correct answer and to lend support to his stand, Mr. Devasi relied upon following:

76. As against this, the RPSC relied upon the following:

77. The expert committee constituted by the RPSC has decided to delete the question while observing as under:—

78. Looking to the nature of question viz., Sanskrit Grammar, we are of the opinion that if the experts having found two options to be correct, have recommended to delete the question, there is no scope for any interference by this Court. The appellants have placed material indicating that option (2) is the correct answer, but the material however, does not indicate that the other option (1) is a wrong answer. As such in the face of experts' view point that both the options are correct, we are not inclined to investigate in the matter.

79. The deletion of this question is, thus, affirmed.

(12) Question No.(103): HINDI:

As per First Answer Key -

As per Second Answer Key - (Deleted)

Answer given by Appellant -

Correct answer as per Learned Single Judge - Deleted

80. While publishing the first answer key, RPSC had given option (3) to be the correct answer, whereas upon re-appraisal and consideration of various objections, the Commission has decided to delete this question.

81. Learned counsel for the appellants contended that option (3) , is the correct answer and the Commission has committed an error in deleting the same.

82. It is to be noticed that the learned Single Judge while affirming the deletion of this question has observed as under:

“After a careful examination, this Court finds that the report of expert committee is self explanatory. Therefore, the deletion of this question has rightly been done.”

83. Looking to the nature of the question and the fact that the appellants have failed to show that the stand of the respondent Commission is shockingly erroneous, we refuse to enter into this arena, much less venture into the exercise of upturning the opinion given by the subject experts.

84. The action of deletion of this question taken by the RPSC and the view of the learned Single Judge is therefore, upheld.

(13) Question No.(104): SANSKRIT:

As per First Answer Key - (1)

As per Second Answer Key -

Answer given by Appellant -

Correct answer as per Learned Single Judge - Deleted

85. Learned counsel for the appellants contending that the option (1) is the correct answer, relied upon the following:

86. As against this, the RPSC has relied upon the following:

87. While deciding to delete the question, the expert of the committee of the Commission has observed thus:

88. While affirming the deletion of question, learned Single Judge has observed thus:

“After a careful examination, this Court finds that this question has been rightly deleted on the ground of having multiple correct answers to this question.”

89. It is to be noticed that even the experts have opined that as per most of the Acharayas', takes places in forth month, however, has said that the same can be done in the sixth month also.

90. In our considered opinion, option (1), as indicated by the Commission in its first answer key, is the correct answer. Merely because one author has suggested that it can be done in “6th month also”, it cannot be concluded that both the options (1) and (3) are the correct answer. It is noteworthy that even has not disputed that should take place in 4 month, he has however additionally opined that the same can be done in 6th month also.

91. As discussed above, the experts' opinion in this regard is flawed. The deletion of this question and order of learned Single Judge is, thus, set aside. It is held that option (1) is the correct answer.

(14) Question No.(106): HINDI:

92. As per First Answer Key - (3)

93. As per Second Answer Key - (Deleted)

94. Answer given by Appellant - (3)

95. Correct answer as per Learned Single Judge - Deleted

96. Learned counsel for the appellants contended that option (3) is the correct answer and in support of his argument, he relied upon the text book of Class 11 and 12.

97. Learned Single Judge upholding the deletion of his question, in the second answer key has observed thus:

“After a careful examination, this Court finds that the report of expert committee is self explanatory. Therefore, the deletion of this question has rightly been done.”

98. According to under Section, the appellants' solitary reliance upon text book of class 11 and 12 cannot be said to be conclusive.

99. As against this, the subject experts have opined that the question deserves to deleted. Such view of the experts, on the basis of material available, does not call for any interference. Learned Single Judge was justified in affirming the stand of the Commission.

(15) In addition to the above questions, in DBSAW No.1523/2018 arising out of SBCWP No. 3854/2018, grievance has also been raised qua question No. 13 of Paper II - Social Science, which reads as under:

100. The RPSC has given option (4) “82.14 and 65.46” “to be the correct answer.

101. Mr. Kailash Jangid appearing for the appellant in this case submitted, that although the appellant had chosen option (3), but in view of various conflicting figures given in different books, the question deserves to be deleted.

102. Mr. Joshi, learned counsel for the respondent Commission submitted that though reply to the writ petition had not been filed, but, as per the instructions given to him, the Commission has referred to the authentic publication in this regard.

103. While upholding the answer of RPSC, the learned Single Judge has observed thus:

“After a careful examination, this Courts finds that there is no discrepancy in the language.”

104. In a bid to ascertain the answer to this question and to confirm what has been informed to us by the RPSC, we surfed through the net and the official website of Maps of India and to our satisfaction, we record that the stand of the RPSC is correct. The contention of the appellant that different books depict different figures requiring the question to be deleted is not tenable in face of the categorical data published by the Government of India.

105. We, therefore, hold that the answer given by the RPSC qua this question is correct.

106. We have been informed by the learned counsel appearing for the Commission that not only the result has been published, but the Commission has forwarded the list of selected candidates to the State Government, and thus, the selection process is over. While maintaining that no interference, at this stage, can be made, Mr. Joshi submitted that any direction to re-do the exercise would thwart the selection process on the one hand and affect the fate of the candidates already selected pursuant to the impugned judgment dated 5.5.2018, passed by the learned Single^Judge at Jodhpur as well as at Jaipur. Counsel for RPSC, therefore, submitted that if the Division Bench comes to a conclusion that still some questions and their answers need to be revisited/reviewed, such adjudication be confined to the appellants alone, so that the rights of the successful candidates who are not before the court, are not affected.

107. Having considered the submissions of the learned counsel for the parties and having come to a definite conclusion that the Respondent Commission lacked professionalism and requisite proficiency while dealing with some of the questions, we feel that the appellants fate cannot be left in lurch, merely because the list of selected candidates has been sent. This is more so, because by way of interim order, this court had already observed that the selection shall remain subject matter of decision of these appeals.

108. Hence, with a view to give quitus to the dispute and to give finality to the selections already made, we hold that the adjudication made by us will be confined to the appellants involved in the present appeals only. Their assessment shall be carried out in line with the adjudication made by us in the present appeals. For the sake of convenience, we are setting out the particulars of question(s) cataloging the question(s) and corresponding answer/direction which need to be rechecked:

Subject Q. No. Direction Reasons set out in para General Knowledge 8 Delete 1 General Knowledge 84 Option (2) is correct 3 Social Science Group-II Paper-II 21 Option (3) is correct 4 General Knowledge-I 98 Option (2) is correct 9 Sanskrit 104 Option (1) is correct 13

109. As a result, all the appeals are allowed, as indicated above.

110. Needless to observe that after re-appraisal of their result in the light of the findings given by us, if the appellants march ahead of the last selected candidate, they shall be given appointment, subject of course, to their other eligibilities. The respondent Commission shall carry out the requisite exercise and declare the result of the appellants within a period of three weeks from today.