RAS/RTS Combined Competitive Mains Examination 2021: Supreme Court Allows Rajasthan Public Service Commission To Conduct Exam On March 20 & 21

The bench of Justices KM Joseph and Hrishikesh Roy confirmed the Rajasthan High Court's order dated February 23, 2022 passed by the bench of Chief Justice Akil Kureshi (now retired) and Justice Sudesh Bansal of staying the single judge bench order which quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by RPSC.

"After hearing Mr. Guru Krishna Kumar, learned senior counsel appearing for the petitioners and Dr. A. M. Singhvi and Mr. V. Giri, learned senior counsel, appearing for the respondent-Rajasthan Public Service Commission, we are not inclined to interfere with the impugned order noticing in particular that the order is one granting interlocutory relief and the main matter is pending adjudication," bench said in its order.

In the present matter, a batch of writ petitions were filed by the candidates who had failed to secure position in the list of candidates eligible to appear in the mains examination of RAS/RTS Combined Competitive Examination-2021 before the High Court.

The petitioners had sought directions to the respondent to revise the result and permit the petitioners to participate in the mains examination on the strength of their merit position.

On 22.02.2022, in a significant development, the Rajasthan High Court, Jaipur, had quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC).

The court directed RPSC to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly. The preliminary examination was conducted on 27.10.2021 and the final answer key was issued on 22.11.2021.

Justice Mahendra Kumar Goyal, observed,

"The upshot of the aforesaid discussion is that the writ petitions are partly allowed in the above mentioned terms. The final answer key dated 22.11.2021 is quashed to the extent as stated hereinabove. Resultantly, the result dated 19.11.2021 stands quashed. The RPSC is directed to revise the result of the preliminary examination and to prepare a fresh list of candidates eligible to appear in the mains examination accordingly."

Aggrieved, RPSC had approached the Division Bench of the High Court. Staying Single Judge's order which quashed the preliminary exam results of RAS/RTS Combined Competitive Examination 2021 conducted by Rajasthan Public Service Commission (RPSC), the High Court ordered that it would be open for RPSC to conduct the written main examination on the rescheduled date.

Chief Justice Akil Kureshi and Justice Sudesh Bansal, ruled,

"Be that as it may we find that the appellants have made out a strong prima facie case not only for further hearing of the appeals but also for staying the judgment of the learned Single Judge. Under the circumstances impugned judgment is stayed. Resultantly it would be open for RPSC to conduct written main examination on the rescheduled date."

The division bench also remarked,

"We are at a loss to understand how repeatedly and consistently in almost every public examination without exception the question papers and answer keys set by the expert bodies run into such unfortunate legal controversies. Surely we cannot blame the petitioners for filing frivolous petitions since such expert bodies themselves are forced to delete several questions and in some cases change the originally published correct answer as has happened in the present case also. This is the most avoidable situation."

Appearing for the respondents, Senior Advocate(s) AM Singhvi and V Giri submitted that 243 persons before the learned Single Judge in the High Court including the petitioners before this Court can be permitted to participate in the main examination subject to certain safeguards.

The bench while confirming the High Court's order also allowed the 243 candidates who had approached the Court to sit in the Mains Examination. The Top Court also directed for keeping the result of this group in a sealed cover and clarified that the same would be subject to the result of the appeals pending adjudication before the High Court.

"Accordingly, while confirming the impugned order, we direct that the petitioners in both these cases and also the rest of the persons who approached the learned Single Judge [in total 243] shall be permitted to sit in the Mains examination to take place on 20th and 21st March, 2022. We make it clear that it will be subject to the result of the appeals pending adjudication before the High Court. The result of this group shall be kept in a sealed cover and a further decision in regard to them will abide by the result of the appeals before the High Court," bench said in its order.

Case Title: Ankit Sharma & Ors. Etc. V. Rajasthan Public Service Commission & Ors. Etc.| Special Leave to Appeal (C) Nos. 4270-4271/2022

Counsel For Petitioners: Senior Advocate Gurukrishna Kumar, Advocate(s) Ankit Acharya, Tushar Panwar, Anant Tak, Pratiksha Sharma, Shivanker Behar

Counsel for Respondents: Senior Advocate(s) Dr. A. M. Singhvi and V. Giri and Advocate(s) Anish Maheshwari, Yuvraj Samant, Neha Amola, Samir Malik