Hon'ble Judges/Coram:
Sanjeev Prakash Sharma

DECISION

Sanjeev Prakash Sharma, J.

1. The petitioners, by way of this 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 23.12.2019.

2. The process of selection was based on written examination carrying maximum 100 marks consisting of multiple choice objective type questions of 100 marks.

3. 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.

4. 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.

5. The contention of the learned counsel for the petitioners is that after the result was declared. They found that there is vast difference between cut off marks of Open (General) Category in the provisional list and the main list and also in the waiting list, which is unpredictable, improbable and inconceivable.

6. It is submitted that such vast difference could have only be on account of leakage of paper. There had been rumour of leakage of paper earlier, which has now come true. The petitioners are sure that there has been a leakage as the candidates who belong to a particular community and a particular district have been placed at the top rank scoring 90% marks. The examples have been given of some persons, who are belonging to Rajput Community and have scored above 90% marks.

7. Counsel for the petitioners states that for the first 70 seats of General Category of main list, cut off marks comes to 71.82 marks, which is approximately 17% higher than the provisional cut off marks and for the next 50% vacancies, the cut off has fallen to 54.98 marks, which is lessor than provisional list. He therefore submits that the only logical conclusion, which can be drawn, is that the leakage of paper during conducting of examination has been taken place.

8. Learned counsel relies upon the judgment passed in the case of Ramjit Singh Kardam & Ors. Vs. Sanjeev Kumar & Ors. (Civil Appeal No. 2103/2020) decided on 8.4.2020 to submit that the result for the date of 14th May, 2020 and the examination conducted on 27th May, 2019 be declared illegal and arbitrary as the selection process does not seem to be fair and transparent selection. It is also prayed that a detailed enquiry from the Special Operation Group (SOG) directed to be made.

9. I have con

ssidered the submissions as above.

10. On a pointed query made to the counsel for the petitioners whether any complaint was filed after the examination was conducted on 27th May, 2019. He has stated that the petitioners could only infer leakage of paper after the final result was declared and since there was only simple rumors earlier, the petitioners did not file any complaint. It is submitted that a presumption should be drawn by this court only on the basis of marks obtained by the persons and their academic records of Class-X, XII, Graduation and Post........