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Judgment
These appeals are preferred to question correctness of the judgment dated 22.10.2013 passed by learned Single Bench in a batch of writ petitions led by Hanuman Ram Choudhary & Ors. v. State of Rajasthan & Ors. (SB Civil Writ Petition No. 6588/2012).
Learned counsel appearing on behalf of the Rajasthan Public Service Commission submits that these appeals deserve to be dismissed as the judgment impugned has already been affirmed by a Division Bench of this Court in DB Civil Special Appeal (Writ) No. 58/2014, Hanuman Ram Choudhary and four others v. State of Rajasthan & Ors.
On the other hand, it is stated by learned counsel for the appellants that the Division Bench by order dated 12.5.2014 dismissed DB Civil Special Appeal (Writ) No. 58/2014 relying upon a judgment given in the case of Umesh Kumar Sharma & Ors. v. Sudarshan Gaur & Ors., DB Civil Special Appeal (Writ) No. 345/2013 (Jaipur) without examining the main issue involved about certain questions asked by the Rajasthan Public Service Commission in the competitive examination conducted for recruitment to the post of Headmaster, Secondary Education.
Having gone through the judgment given by this Court in the case of Hanuman Ram Choudhary (supra) we are having no doubt that the judgment impugned has been affirmed, but on insistence of learned counsel for the appellants we have examined five questions, which as per learned counsel are apparently having wrong answers and those have not been taken into consideration by the Division Bench while deciding the case of Hanuman Ram Choudhary (supra). Learned counsel for the appellants states that the expert committee on which Division Bench while deciding the appeal preferred by Hanuman Ram Choudhary relied upon failed to examine the questions in correct perspective and those can very well be looked into by this Court being very common questions. It is pointed out that the questions which are yet under clouds, are:--
"- District having highest decadal population growth in Rajasthan during 2001-11 is :
(1) Jaisalmer
(2) Jodhpur
(3) Barmer
(4) Jaipur
- In which rule of G.F. And A.R. Duties and Responsibilities of controlling officer have been laid down :
(1) Rule 6 and 7
(2) Rule 27
(3) Rule 11
(4) Rule 9
- The rules framed for the commencement of the right of children in the state for free and compulsory education are titled as :
(1) Right to free and compulsory Education rules 2009.
(2) Rajasthan Right of children to free and compulsory education rules 2010.
(3) Rajasthan Right of children to free and compulsory education rules 2012.
(4) Rajasthan right to children rules to free and compulsory education act 2009
- As per the provisions of Rajasthan children right to education rules 2011 Who''ll act as Head of Council of Elementary Education?
(1) Chair person of state commission for Human Rights
(2) Commissioner/Director, Sarv Shiksha Abhiyan
(3) State Chief Secretary
(4) Director Elementary Education
- In which year Rajasthan state textbook board was constituted?
(1) 1973
(2) 1975
(3) 1977
(4) 1979"
We have thoroughly examined all the five questions.
So far as the question with regard to highest decadal population growth in Rajasthan during 2001-11 is concerned, the correct answer treated by the Rajasthan Public Service Commission is Barmer, but as a matter of fact as per Directorate of Census Operations Rajasthan it is District Jaipur that had highest decadal population growth in Rajasthan during 2001-11. The Barmer had highest growth rate of population during 2001-11. The answer accepted by the Rajasthan Public Service Commission on basis of the report of Director of Census Operations Rajasthan is apparently incorrect.
Similarly, as per report of the experts Rule 11 to the General Finance and Account Rules mentions duties and responsibilities of controlling officer, but as a matter of fact, beside the Rule 11, Rule 27 also puts responsibilities on a controlling officer, as such, options No. 2 and 3 both are correct, thus, in our opinion, the answer accepted by the Commission is not correct. The question is having two correct options and, therefore, the question itself is wrong.
The third question provides four options, but apparently all the four options are wrong. The Government of Rajasthan under a notification dated 29.3.2011, while exercising powers conferred by Section 38 of the Right of Children to Free and Compulsory Education Act, 2009 framed the rules titled as "The Rajasthan Right of Children to Free and Compulsory Education Rules, 2011". The correct answer is not given as an option. For this reason the question relating to rules framed for commencement of the Right of Children in the State for Free and Compulsory Education is also wrong.
The fourth question refers "Rajasthan Children Right to Education Rules, 2011", but as a matter of fact there is no enactment titled as above. The correct title of the Rules is "Rajasthan Right of Children to Free and Compulsory Education Rules, 2011".
The last question pertains to the year of establishment of the Rajasthan State Textbook Board and as per the Rajasthan Public Service Commission, 1973 is not the correct answer. As a matter of fact, even as per the literature and website of the Rajasthan State Textbook Board it was established in the year 1973 and was also registered in the month of December, 1973. The answer accepted by the Commission, therefore, appears to be not correct. True it is, that the board formally started its operation in the year 1974 but merely on that count the fact about its establishment and registration in the year 1973 cannot be treated wrong.
In view of whatever stated above, we are of the opinion that the findings arrived by the expert committee deserves to be reviewed at least with regard to five questions noticed above. The review is essential as any change as suggested by learned counsel for the appellants and examined by us will materially effect merit position of the persons who participated in the competitive examination.
Looking to this aspect of the matter we deem it appropriate to direct the Rajasthan Public Service Commission to get the five questions referred in this order re-examined and to satisfy us as to how the answers accepted are correct. The directions given are required to be complied with on or before 24.8.2015.
Put up on 25.8.2015.