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Service & Administrative LawSupreme Court of India

Rishal & Ors. Etc. Etc. v. Rajasthan Public Service Commission

Civil Appeal · 2018 INSC 449Decided 3 May 2018
Civil Appeal Nos. 4695-4699 of 2018
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The Rajasthan Public Service Commission advertised over 13,000 School Lecturer posts in 2015 and held a written exam in 2016. After candidates objected to the published answer key, a series of writ petitions and appeals in the Rajasthan High Court led to an Expert Committee reviewing the key, deleting 18 flawed questions from Paper-I, and the High Court (at both Jodhpur and Jaipur) upholding the Commission's revised process and dismissing the candidates' further challenges. Dissatisfied candidates, numbering in the hundreds across dozens of tagged appeals, then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court upheld the Expert Committee's methodology of deleting flawed questions and redistributing marks proportionately among candidates who had attempted the remaining questions, finding this approach fair and not arbitrary. However, it noted that only the 311 appellants actually before the Court had had their results revised, while similarly situated non-appealing candidates had not. To ensure equity, the Court directed the Commission to revise the entire result for all candidates (except those already selected and appointed, whose appointments were protected), publish the revised results and cut-off marks, and offer appointments to any newly-qualifying candidates against the 1,045 remaining vacancies, all within three months.

Lesson Learnt

When a public recruitment exam's answer key is later corrected, courts will push for the benefit of that correction to be extended fairly to all similarly-placed candidates, not just the ones who happened to litigate, while shielding appointments already made in good faith.

Rishal & Ors. Etc. Etc. v. Rajasthan Public Service Commission – Legal Case Shots | LegalAware