SHIV PRASAD PATIDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The dispute in this writ petition is with regard to the bonus marks which have not been awarded to the petitioner in respect of being resident of Rajasthan as he obtained secondary, senior secondary, graduation and B.Ed. qualification from Madhya Pradesh.

(2.) An advertisement No.1/95 (Annexure-10) was issued for inviting applications for the post of Teacher Grade-III by which 279 vacancies were advertised and the last date for submission of application was 31.12.1995. The petitioner in pursuance of aforesaid advertisement applied alongwith necessary certificates. It was alleged that he passed from 1st to 8th Standard from Government Upper Primary School, Patalia-Kulmi Tehsil Jhalarapatan, District Jhalawar. It was further alleged that his parents and grand-parents and he himself is bonafide resident of Jhalawar as apparent from voter list and certificate issued by the competent authority. It was further alleged that persons lower in merit were appointed as Primary School Teachers as per Para 11 of the petition and on enquiry it was told to him that he was not considered resident of State of Rajasthan as he had passed his secondary, higher secondary, graduation and B.Ed.examination from State of Madhya Pradesh and in terms of circular dated 15.11.94 readwith 8.6.95 he cannot be considered resident of State of Rajasthan. It was further alleged that as per conditions of State of Madhya Pradesh, after completion of his graduation, he applied for B.Ed. and rightly submitted certificate of resident of State of Madhya Pradesh at the relevant time, but on that ground he cannot be deprived from the right of consideration and grant of bonus marks for appointment to the post of Primary School Teacher. It was further prayed that circular dated 8.6.95 (Annexure-13) be quashed and the respondents may be directed to give petitioner appointment on the post of Primary School Teacher w.e.f. 24.7.96, the date from which persons lower in merit were appointed in pursuance of aforesaid advertisement with all consequential benefits.

(3.) The respondents filed reply and submitted that the petitioner is not entitled for bonus marks because at the time of admission in Madhya Pradesh he became resident of Madhya Pradesh and at the time of employment he becomes resident of Rajasthan, hence, the writ petition may be dismissed.