Patwari Recruitment: Rajasthan High Court Orders Reconsideration Of Answers To Two Questions, Consequential Changes In Final Answer Key & Result

The Rajasthan High Court has recently directed the Rajasthan Subordinate and Ministerial Service Selection Board to re-examine certain disputed questions pertaining to recruitment exam for the post of Patwari, from different experts.

The Court ordered that based on the conclusion of such experts, the Board shall amend the final answer key and give effect to the marks obtained by the candidates and other consequential changes in the result.

The competitive written examination was held in four shifts and the final answer key was issued by the Board on 25.01.2022 on the basis of the decision taken by the Expert Committee on the objections raised by the candidates. Additionally, a list of provisionally selected candidates was issued for the purpose of verification of documents and credentials of the candidates.

A batch of writ petitions were filed seeking to question the revised answer key issued by the Board. The petitions also sought preparation of a fresh answer key considering the objections raised for the disputed questions/ erroneous answers based on the material produced by them and reevaluation of the answer-sheets and issuance of a fresh select list of provisionally selected candidates. The petitioners also questioned the validity of a large number of questions/ final answers and/ or the deletion of particular questions, based on the opinion of the Expert Committee.

Justice Arun Bansali, while partly allowing the writ petitions, observed,

"The respondent Board is directed to get Questions No.69 and 98 of Booklet Series-104D and the said questions which are differently numbered in other Booklet Series, re-examined by the Experts, other than those, who had already examined the questions on the earlier occasion and based on their conclusion, amend the final answer key and give effect to the marks obtained by the candidates and other consequential changes in the result. The objections raised in relation to rest of the questions are rejected."

The court placed reliance on in Phoosgir & Ors. v. State of Rajasthan & Ors, whereby this court observed that it would not be sufficient for the writ court to 'upturn' the decision of the expert's body in some cases where there is a grey area.

After perusal of all the questions which were disputed by the petitioner, the court opined,

"From overall consideration of all the questions regarding which the petitioners have raised objections, except for Question No.69 of Question Booklet Series-104D and Question No.98 of Question Booklet Series-104D, regarding which the counsel appearing for the Board himself conceded that same required reconsideration, the petitioners have failed to make out any case for interference."

Counsels for the Petitioners: Mr. O.P. Sangwa, Mr. G.R. Bhari, Mr. Mahendra Godara, Mr. Surendra Bagmalani and Mr. Tanwar Singh Rathore

Counsels for the Respondents: Mr. Vinit Sanadhya with Ms. Shalini Audichya and Mr. Utkarsh Singh for Mr. Sunil Beniwal, AAG

Case Title: Amit Swami & Ors. v. State of Rajasthan with other connected matters

Citation: 2022 LiveLaw (Raj) 176

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