Case Title: Rajesh Jhala versus The State Of Rajasthan & others
Case No.: D.B. Special Appeal Writ No. 492/2023
Decided on: 02/06/2023
Coram: HON’BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH
HON’BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
Facts of the case:
Petitioner in pursuance of an advertisement dated 04.07.2018, issued by the Board for filling up the post in Stenographer Joint Direct Recruitment Examination, 2018, applied for the same. Being eligible, he was called to participate in the recruitment process. The examination was in two phases. Phase-I was a written examination comprising of two papers of General Knowledge and General Hindi & English carrying 100 marks of each paper respectively and Phase-II examination pertaining to skill test of stenography in Hindi or in English according to the choice carrying 100 marks. By adding the marks of the examination in Phase-I and Phase-II, would determine the merit.
It is not in dispute that the appellant cleared the Phase-I examination i.e. written test, however in Phase-II examination which was conducted on 28.10.2021, the appellant was declared disqualified for the reason that he had not written the dictation of audio clip in sign script (shorthand), rather written it in longhand.
It was emphasized that the general instructions issued along with the advertisement had clearly indicated that the transcript typed by a candidate would not be checked for the Phase-II test, in case the same is not in sign script.
Judgement:
The judgment passed by the learned Single Judge would leave no manner of doubt that the learned Single Judge has, after calling for the original records vide order dated 21.03.2023, gone through the shorthand book of the appellant produced by the Board before the Court and come to the conclusion that the appellant had used longhand writing in the dictation. Rather it has been observed that expert examiner had put a remark in red ink that all five pages are totally longhand written which note was also clear and visible. Learned Single Judge has gone through that note as well of the expert examiner and has thereafter come to the conclusion that the appellant had not used the sign script (shorthand). Therefore, cannot be accepted. Finding no merit in the present appeal, we dismiss the same. Pending applications, if any, stand disposed of.
Analysis:
The primary dispute and the issue involved herein revolve around the instructions which were issued along with the advertisement. The appellant had initially written it in the longhand and thereafter in the sign script, it would render the examination of such a nature contrary to the guidelines leading to his disqualification.
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Written by: Mahima Saini
