Sanjay Kumar Sharma and Ors. Vs. State of Rajasthan and Ors. - (High Court of Rajasthan) (15 Jun 2020)

A petition cannot be entertained on the basis of assumptions and presumptions

MANU/RH/0346/2020

Service

The Petitioners, by way of present writ petition, assail the result dated 14th May, 2020 and waiting list result dated 14th May, 2020, for the post of Assistant Statistical Officer. After selection process having been conducted under the advertisement dated 28th March, 2018 for 209 posts of Assistant Statistical Officer in Planning Department under Rajasthan Statistical Subordinate Service Rules, 1971, read with dated 23rd December, 2019.

The process of selection was based on written examination carrying maximum 100 marks consisting of multiple choice objective type questions of 100 marks. The written examination was conducted on 27th May, 2019 and a provisional list was published of the candidates for eligibility checking on 3.1.2020 for 1.5 times of the number of vacancies in TSP and Non-TSP area, who were called for document verification. The cut off marks for Open (General) Category was declared as 56.01 marks and for OBC (General) Category, the cut off marks was declared as 52.92 and the final result was declared on 14th May, 2020 which is impugned in this writ petition.

The only argument, which is being advanced and require to be considered is whether a presumption can be drawn of leakage of papers on account of there being vast difference and the marks obtained by same candidates and others in the main list and in the waiting list and also between the cut off of General Category and OBC Category. It is thus submitted that it would be logical to be presumed of leakage of paper.

It is a well settled that once, a candidate has participated in the selection and examination process is completely over and final result is declared, he/she cannot be turned around and challenged the same after its completion with regard to the aspect of examination.

Present Court is of further view that, a petition cannot be entertained on the basis of assumptions and presumptions. There is no factual basis of the allegations as levelled in the petition. Merely because some candidates have scored higher marks and they all belong to a particular community, would not be a ground to cancel the entire examination. Candidates, who have scored higher marks, do not belong to a particular place or from the same examination centre and therefore, the presumption of leakage of paper in the aforesaid circumstances cannot be remotely drawn.

The prayer for cancellation of the result and also cancellation of examination are found to be wholly based on the surmises and conjectures. Attempt has been made to scandalize the entire selection process without any basis. Accordingly, the writ petition is dismissed with exemplary cost of Rs. 1 lacs to be deposited with the Rajasthan Legal Services Authority and to be borne equally by all the Petitioners.

Tags : SELECTION PROCESS LEAKAGE OF PAPER PRESUMPTION