1

IN THE HIGH COURT OF JUDICATURE FOR

RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2016

Ravi Kumar Gupta S/o Shiv charan Lal Gupta, aged

about 26 years, resident of 13 Gopal badi,
Jagatpura Road, Near Jagatpura Railway Station,
Jaipur, Rajasthan
…Petitioner
Versus
1. Rajasthan Public Service Commission through its
Secretary, Jaipur Road, Ajmer, Rajasthan.
2. State of Rajasthan through the Secretary &
Commissioner, Department of Information &
Technology, Yojna Bhawan, C-Scheme, Jaipur,
Rajasthan.

….Respondents

S.B. WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

AND

IN THE MATTER OF ARTICLE 14 and 16 OF THE

CONSTITUTION OF INDIA

AND

IN THE MATTER OF ADVERTISEMENT DATED

01.12.2014 FOR RECRUITMENT TO THE POST OF
 ANALYST-CUM-PROGRAMMER (DEPARTMENT OF
INFORMATION & TECHNOLOGY)
AND

IN THE MATTER OF MISTAKE IN THE RESULT OF

PETITIONER DECLARED BY THE RESPONDENTS

AND

IN THE MATTER OF ANOMALY IN THE EXAMINATION

OF ANALYST-CUM-PROGRAMMER EXAMINATION –
2014 AND SERIOUS OBJECTIONS IN THE REVISED
ANSWER KEY AND CUTOFF MARKS BEING 108.23
WHEREAS ACCORDING TO THE CALCULATION OF THE
MARKS EVEN AS PER THE ANSWER KEY OF THE
PETITIONER, HIS TOTAL MARKS IS 113.91

AND

IN THE MATTER OF MISTAKE IN COMPLETE RESULT

WHERE CANDIDATE WHO DIDN’T SCORE EVEN
PASSING MARKS IS IN THE SELECTED LIST

AND

IN THE MATTER OF PRINCIPLES OF NATURAL

JUSTICE

To,
The Hon’ble Chief Justice and his other Hon’ble
Companion Judges of the Rajasthan High Court,
Bench at Jaipur
MAY IT PLEASE YOUR LORDSHIPS,

The humble petitioner, most respectfully begs to

submit as under:-

1. That the petitioner is a Citizen of India and the

cause of action has arisen within the jurisdiction of
this Hon’ble High Court, therefore, he is entitled to
invoke the extraordinary jurisdiction of this Hon’ble
Court under Article 226 of the Constitution of India
to redress the genuine grievance as mentioned in
the foregoing paragraphs of the present petition.
2. That the respondents issued an advertisement on
01.12.2014 for the recruitment to the post of
Analyst-cum-Programmer under Rajasthan
computer state and subordinate service rules 1992.
The copy of the advertisement dated 01.12.2014 for
the post of Analyst-cum-Programmer is submitted
herewith and marked as Annexure-1.
3. That the petitioner being qualified and eligible in all
respects submitted his online application form. The
petitioner was eligible in all respect as per
advertisement and Rajasthan computer state and
subordinate service rules 1992. The copy of the
online application form of the petitioner is
submitted herewith and marked as Annexure-2.
4. That thereafter, an admission card was issued to
the petitioner for appearing in the examination
which was conducted on 17.03.2016. The copy of
the admission card is submitted herewith and
marked as Annexure-3.
5. That, two papers were conducted by the
respondent-Rajasthan Public Service Commission
(for short “RPSC”) i.e. Paper-I & II on 17.03.2016.
There were total four different series of papers
which came on screen of candidates. These series
were given the notation as “A”, ”B”, “C” and “D”
6. After the examination, respondents released “A
series” of both of the papers. The copy of “A” series
of Paper-I is submitted herewith and marked as
Anenxure-4.
7. That the copy of “A series” Paper-II is also submitted
herewith and marked as Annexure-5.
8. That the RPSC declared the answer key on the basis
of “A series” of both the papers on 07.04.2016. The
copy of the answer key of “A” series paper initially
declared on 07.04.2016 is submitted herewith and
marked as Annexure-6.
9. That thereafter, objections were invited by the RPSC
on the answer key and the petitioner also submitted
his objections vide Application I.D. on the portal of
the RPSC. The copy of the objections is submitted
herewith and marked as Annexure-7.
10. That the RPSC declared the revised answer key on
03.08.2016 for both the papers i.e. Paper-I & II.
Again the answer key was based on “A series” of
paper set. The copy of the revised answer key is
submitted herewith and marked as Annexure-8.
11. That on 03.08.2016 itself the result was declared
whereby 58 candidates were declared qualified and
the cutoff marks of General Category is 108.23. The
copy of the result dated 03.08.2016 is submitted
herewith and marked as Annexure-9.
12. That according to the revised answer key and the
response-sheet of the petitioner, his marks are
calculated 68.76 in Paper-I as he has rightly
attempted 67 questions, wrongly attempted 10
questions and 7 questions are deleted. Similarly in
Paper-II, the petitioner has rightly attempted 49
questions, 18 questions were incorrect and 1
questions was deleted, thus in Paper-II, the
petitioner was entitled to get 45.15 marks. Thus, as
per answer key and response sheet of petitioner the
total marks of the petitioner are calculated as
113.91, which is more than the cutoff marks of
General Category which is 108.23 but he was not
declared successful in present list. The typed and
downloaded copy of the response-sheet of both of
the papers of the petitioner is submitted herewith
and marked as Annexure-10 and Annexure-11.
13. That the petitioner has also sent request to the
respondent-RPSC. The copy of the request by email
dated 18-09-2016, in reference to his marks more
than cutoff marks submitted by the petitioner after
declaration of the result is submitted herewith and
marked as Annexure-12.
14. That, in the result declared on 03-08-2016, a few of
the candidates who are in the list of selected
candidates of ACP exam-2014 but not getting even
passing marks of any of the category. Also they are
below the cut-off marks of all the categories.
15. That, As per final answer sheet declared by RPSC,
marks of the candidate with roll number 135329
are calculated 28.08 in Paper-I as he has rightly
attempted 36 questions, wrongly attempted 30
 questions and 7 questions are deleted. Similarly in
Paper-II, this candidate has rightly attempted 44
questions, 21 questions were incorrect and 4
questions were deleted, thus in Paper-II, the
candidate is entitled to have 38.85 marks. Thus, the
total marks of the candidate of roll number 135329
could got are 66.93, which is lower than lowest cut
off marks which is in ST category and which is
69.91 but he was declared successful in present
list. Also the candidate is not even getting minimum
qualifying marks even after getting three marks of
grace.
16. That , RPSC has changed/deleted total 38
questions’ answers in the revised answer key, but
still there are many other questions or answers,
which are incorrect and have been treated as
correct by the respondents. Other than his online
objections, the petitioner has also specifically
pointed out that still the answers of 10 questions
are not correct/deleted for no apparent reason and
needs reconsideration of answers and revised key.
The copy of the objections is also submitted
herewith and marked as Annexure-13.
17. That, petitioner sent a letter cum notice for legal
action on 21.09.2016 to respondents, the copy of
the notice dated 21.09.2016 is submitted herewith
and marked as Annexure-14.
18. The petitioner has also specifically pointed out that
still the answers of questions are not correct and
needs reconsideration of answers and revised key.
19. That thus, being aggrieved by the inaction/omission
on the part of the respondents in not preparing the
 result properly and further, marks of the petitioner
being more than cutoff marks as per the calculation
by the answer key adopted by respondents/even
according to the revised answer key itself and
further, there being many questions still carrying
wrong answers in the revised answer key, has given
rise to the present writ petition.
20. That thus, under these compelling facts and
circumstances and having no other alternative,
efficacious and speedy remedy the humble
petitioner has preferred the present writ petition on
the following amongst other grounds: -

GROUNDS

a) Because, the respondents issued an advertisement

on 01.12.2014 for the recruitment to the post of
Analyst-cum-Programmer.
b) Because the petitioner is qualified and eligible in all
respects submitted his online application form.
c) Because, thereafter, an admission card was issued
to the petitioner for appearing in the examination on
17.03.2016.
d) Because, two papers were conducted by the
respondent-Rajasthan Public Service Commission
(for short “RPSC”) i.e. Paper-I & II on 17-03-2016.
e) Because, thereafter, objections were invited by the
RPSC on the answer key and the petitioner also
submitted his objections vide Application I.D. on the
portal of the RPSC.
f) Because, the RPSC declared the revised answer key
on 03.08.2016 of both the papers i.e. Paper-I & II.
g) Because, on 03.08.2016 itself the result was
declared whereby 58 candidates were declared
qualified and the cutoff marks of General Category
is 108.23.
h) Because, according to the revised answer key and
the response-sheet of the petitioner, he should have
been awarded 68.76 marks as in Paper-I, he has
rightly attempted 67 questions and he has wrongly
attempted 10 questions and 7 questions are deleted.
Similarly in Paper-II, the petitioner has rightly
attempted 49 questions and 18 questions were
incorrect and 1 question was deleted, thus in Paper-
II, the petitioner was entitled to have 45.15 marks.
Thus, the total marks of the petitioner come to the
tune of 113.91, which is more than the cutoff marks
of General Category being 108.23.
i) Because, in the list of selected candidates, there are
candidates who are not getting minimum qualifying
marks of any of the category and getting marks
below cut off marks of all the categories.
j) Because, the petitioner submitted objections to the
options/incorrect answers adopted in the revised
answer key of the examination. The RPSC has
 changed total 38 questions/answers in the revised
answer key, but still there are many other options,
which are incorrect and have been treated as
correct by the respondents. The petitioner has also
specifically pointed out that still the answers of 10
questions are not correct/deleted for no correct
reason and needs reconsideration of answers and
revised key.
k) Because, the petitioner has also specifically pointed
out that still the answer of 10 questions are not
correct and needs reconsideration of answers and
revised key.
l) Because, being aggrieved by the inaction/omission
on the part of the respondents in not preparing the
result properly as, marks of the petitioner being
more than cutoff marks as per the calculation by
the answer key adopted by respondents/even
according to the revised answer key itself and
further, there being many questions still carrying
wrong answers in the revised answer key, has given
rise to the present writ petition.
m) Because there is nothing to the discredit of the
humble petitioner.
n) Because other ground will be submitted at the time
of arguments.
o) Because the petitioner has no other alternative and
efficacious remedy except to invoke the
extraordinary jurisdiction of this Hon’ble Court
under Article 226 of the Constitution of India.
 PRAYER
It is, therefore humbly prayed that Your Lordship
may graciously be pleased to accept and allow this writ
petition and by an appropriate writ, order or direction:-
1. The impugned examination in pursuant to
advertisement dated 01.12.2014 may kindly be
quashed and set aside.
2. The respondents may kindly be directed to revise
the answer key in regard to the still carrying wrong
answers of 10 questions as pointed out by the
petitioner in his objections.
3. The respondents may kindly be directed to revise
the result and include the name/roll number of
petitioner as he is getting marks more than cut-off
of general category.
4. The respondents may kindly be directed to revise
the result and exclude the name/roll number of
candidates who are not getting even qualified
marks.
5. Any other appropriate order, which may be found
just and proper in the facts and circumstances of
the case, be passed in favor of the petitioner.
6. Cost of the writ petition may also be awarded in
favor of the petitioner.

HUMBLE PETITIONER
(Ravi Kumar Gupta)
NOTES :-

1. This is S.B. Civil Writ Petition as no vires of any Act

is under challenge.
2. That no such similar writ petition prior to this has
been filed by the petitioner before any competent
court of law.
3. That PF, Notices and extra sets shall be filed as per
direction of the Hon’ble Court.
4. This writ petition pertains to Jaipur jurisdiction.

PETITIONER
(Ravi Kumar Gupta)
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2016

Ravi Kumar Gupta Versus State of Raj. & Anr.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Ravi Kumar Gupta S/o Shiv charan Lal Gupta,

aged about 26 years, resident of 13 Gopal Badi,
Jagatpura Road,Near Jagatpura Railway Station, Jaipur-
302017, Rajasthan, do hereby take oath and state as
under:-

1. That I am the Petitioner in the above mentioned

case therefore, I am well conversant with the facts
and circumstances of the case.

2. That, I have gone through Para No.1 to 20 and

grounds (a) to (o) thereof along with prayer clause of
the same and I have read over the same and
understood the same.

3. That the statements in the writ petition are true and

correct.

VERIFICATION

I, Ravi Kumar Gupta, the deponent do hereby

verify that the contents of paras 1 to 3 of my above
affidavit are true and correct. Nothing material has been
concealed therein and no part of it is false. So help me
God.
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO……../2016

IN
S.B. CIVIL WRIT PETITION NO. _______/2016

Ravi Kumar Gupta S/o Shiv charan Lal Gupta, aged

about 26 years, resident of 13 Gopal Badi,
Jagatpura Road, Near Jagatpura Railway Station,
Jaipur-302017, Rajasthan

…Petitioner
Versus
1. Rajasthan Public Service Commission through its
Secretary, Jaipur Road, Ajmer, Rajasthan.
2. State of Rajasthan through the Secretary &
Commissioner, Department of Information &
Technology, Yojna Bhawan, C-Scheme, Jaipur,
Rajasthan.

….Respondents

S.B. CIVIL MISC. STAY APPLICATION UNDER

ARTICLE 226 OF THE CONSTITUTION OF
INDIA
To,
The Hon’ble Chief Justice and his other Hon’ble
Companion Judges of the Rajasthan High Court,
Bench at Jaipur

MAY IT PLEASE YOUR LORDSHIPS,

 The humble petitioner-applicant above named, most
respectfully begs to submit as under:-

1. That the petitioner has preferred annexed writ

petition numbered above, contents of the writ
petition may kindly be treated as part and parcel of
this stay application also for the sake of bulkiness
and brevity.

2. That humble petitioner has a strong prima-facie

case in his favor, balance of convenience also lies in
his favor and if petitioner is not granted interim
protection, he will face irreparable loss, which
cannot be compensated in terms of money.

3. That principle of natural justice and equity also

demands that the interim order be passed in favor
of the petitioner.
PRAYER
It is, therefore, humbly prayed that this stay
application may kindly be allowed and during the
pendency of the writ petition, the effect and operation of
the impugned result dated 03.08.2016 may kindly be
stayed in the interest of justice.
Any other appropriate order, which may be found
just and proper in the facts and circumstances of the
case, be passed in favor of the petitioner.

HUMBLE PETITIONER-APPLICANT

Dated : ________/2016
NOTES :-
1. That no such application has been filed previously
before this Hon'ble Court.
2. That PF, Notices and extra sets shall be filed as per
direction of the Hon’ble Court.
3. This writ petition pertains to Jaipur jurisdiction.

Ravi Kumar Gupta

PETITIONER
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL MISC. STAY APPLICATION NO……../2016

IN
S.B. CIVIL WRIT PETITION NO. _______/2016
Ravi Kumar Gupta Versus State of Raj. & Anr.

AFFIDAVIT IN SUPPORT OF STAY APPLICATION

Ravi Kumar Gupta S/o Shiv charan Lal Gupta, aged

about 26 years, resident of 13 Gopal Badi,
Jagatpura Road, Near Jagatpura Railway Station,
Jaipur-302017, Rajasthan, do hereby take oath and
state as under:-

1. That I am the Petitioner-Applicant in the above

mentioned case therefore, I am well conversant with
the facts and circumstances of the case.

2. That the annexed application has been drafted by

myself. I have gone through Para No. 1 to Para No. 3
of the same and I have read over the same and
understood the same.

3. That the statements in the application are true and

correct.

VERIFICATION
I, Ravi Kumar Gupta, the deponent, do hereby verify
that the contents of paras 1 to 3 of my above affidavit are
true and correct. Nothing material has been concealed
therein and no part of it is false. So help me God.
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2016

Ravi Kumar Gupta Versus State of Raj. & Anr.

AFFIDAVIT IN SUPPORT OF DOCUMENTS

I, Ravi Kumar Gupta S/o Shiv charan Lal Gupta,

aged about 26 years, resident of 13 Gopal Badi,
Jagatpura Road, Near Jagatpura Railway Station,
Jaipur-302017, Rajasthan, do hereby take oath and
state as under:-

1. That I am the petitioner, and therefore, I am fully

conversant with the facts and circumstances of the
present case.

2. That the Annexure-1 to Annexure-13 annexed with

this writ petition are the true and correct Photostat
copies of their originals/downloaded from the
website of the respondents.

VERIFICATION

I, the above named deponent, do hereby verify that

the contents of paras 1 and 2 of my above affidavit are
true and correct. Nothing material has been concealed
therein and no part of it is false. So help me God.
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2016

Ravi Kumar Gupta Versus State of Raj. & Anr.

INDEX
Sl. Page
Particulars
No. No.
1. Writ Petition
2. Affidavit in support of Writ Petition
3. Stay Application
4. Affidavit in support of Application
5. Documents:
Annexure-1-Copy of advertisement
dated 01.12.2014
Annexure-2-Copy of online application
form
Annexure-3-Copy of admission card
Annexure-4-Copy of Paper-I
Annexure-5-Copy of Paper-II
Annexure-6-Copy of answer key
initially declared on 07.04.2016
Annexure-7-Copy of Application I.D.
regarding submission of objections
Annexure-8-Copy of revised answer
key
Annexure-9-Copy of result dated
03.08.2016
Annexure-10-Typed copy of response-
sheet of the petitioner
Annexure-11-Response Sheet of
petitioner downloaded from RPSC Site
Annexure-12-Copy of request to RPSC
by email dated 18-09-2016, submitted
by petitioner after declaration of result
Annexure-13-Copy of objections on
revised answer key
Annexure-14- Copy of legal notice
dated 21.09.2016 sent by petitioner.

6. Affidavit in support of documents

PETITIONER
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

S.B. CIVIL WRIT PETITION NO. _______/2016

Ravi Kumar Gupta Versus State of Raj. & Anr.

SYNOPSIS

1. That the respondents issued an advertisement on

01.12.2014 for the recruitment to the post of
Analyst-cum-Programmer.
2. That the petitioner being qualified and eligible in all
respects submitted his online application form.
3. That thereafter, an admission card has been issued
to the petitioner for appearing in the examination on
14.03.2016.
4. That two papers were conducted by the respondent-
Rajasthan Public Service Commission (for short
“RPSC”) i.e. Paper-I & II.
5. That thereafter, objections were invited by the RPSC
on the answer key and the petitioner also submitted
his objections vide Application I.D. on the portal o
the RPSC.
6. That the RPSC declared the revised answer key on
03.08.2016 of both the papers i.e. Paper-I & II.
7. That on 03.08.2016 itself the result was declared
whereby 58 candidates were declared qualified and
the cutoff marks of General Category is 108.23.
8. That according to the revised answer key and the
response-sheet of the petitioner, he should have
been awarded 68.76 marks as in Paper-I, he has
rightly attempted 67 questions and he has wrongly
attempted 10 questions and 7 questions are deleted.
Similarly in Paper-II, the petitioner has rightly
attempted 49 questions and 18 questions were
incorrect and 1 question was deleted, thus in Paper-
II, the petitioner was entitled to have 45.15 marks.
Thus, the total marks of the petitioner come to the
tune of 113.91, which is more than the cutoff marks
of General Category being 108.23.
9. That in the list of selected candidates, there are
candidates who are not eligible.
10. That the petitioner has also sent request to the
respondent-RPSC by email.
11. That first email submitted by the petitioner is in
regard to error in the result of his marks.
12. That the petitioner again submitted objections to
the options/incorrect answers adopted in the
revised answer key of the examination. The RPSC
has changed total 38 questions’ answers in the
revised answer key, but still there are many other
options, which are incorrect and have been treated
as correct by the respondents. The petitioner has
also specifically pointed out that still the answers of
questions are not correct and needs reconsideration
of answers and revised key.
13. That thus, being aggrieved by the inaction/omission
on the part of the respondents in not preparing
result as, marks of the petitioner being more than
cutoff marks as per the calculation by the answer
key adopted by respondents/even according to the
revised answer key itself and further, there being
many questions still carrying wrong answers in the
revised answer key, has given rise to the present
writ petition.

PETITIONER
Jaipur
Dated : ________/2016
 IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN JAIPUR BENCH AT JAIPUR

REGD. ADDRESS :

S.B.C.W. PETITION NO.………………………./2016

Ravi Kumar Gupta Versus State of Raj. & Anr.

THAT in the above case registered address of the

petitioner is

Ravi Kumar Gupta,

13 Gopal Badi, Jagatpura Road
Near Jagatpura Railway Station
Jaipur-302017 (Rajasthan).