The Rajasthan High Court has invited inputs from the bar members on whether the Civil Services Appellate Tribunal (“Tribunal”) can entertain and decide the appeals preferred against the evaluation of erroneous marks, award of improper marks, evaluation of question, answer sheets, of any departmental examination conducted by State Authorities for promotion.

The bench of Justice Anoop Kumar Dhand was hearing a petition challenging order of the Tribunal by which the State was directed to constitute a new-board to re-examine the answer sheets of the respondent and, if found eligible, allow him to participate in further process of promotion from Sub-Inspector to Inspector.

During the hearing, the Court raised a query, whether such kind of direction could be issued by the Tribunal, in light of Section 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, which laid down the service matters that could be brought before the Tribunal.

The Court highlighted that in the appeal which was preferred by the respondent before the Tribunal, none of the subject matters which are mentioned in Section 2(f), were under challenge. Rather, the challenge was regarding improper evaluation of marks and non-award of correct marks for the answers attempted in the examination.

It was argued on behalf of the State that Tribunal had no jurisdiction to entertain the appeal. On the contrary, the counsel for the respondent submitted that when similarly situated persons had approached this Court, the coordinate bench had allowed them to withdraw the petition with liberty to avail alternative remedy.

When the Court perused the orders referred to by the respondent's counsel, it was stated that the order nowhere mentioned that the liberty was granted to file an appeal before the Tribunal.

In this background, the Court held that the matter required consideration, and while staying the operation of the challenged Tribunal's order, inputs were invited from the members of the bar on the aforementioned question.

Accordingly, the Registry was directed to publish a notice, and the matter shall be next heard on December 7, 2026.