CHANDAN SINGH BENIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has come up with the grievance that despite of the fact that the bonus marks as mentioned in the Circular No. F. ( ). Gra. Vi. Pra/admn. /gram Sewak/chayan/98-99/760 dated 22. 2. 1999 have been held to be ultravires in a Full Bench decision of this Court reported in Deepak Kumar Suthar & Anr. vs. State of Rajasthan & Ors. (1), the selections for the post of Gram Sewak-cum-Paden Sachive under the Panchayati Raj Institutions are being made as per the criteria laid down in the circular and still including the bonus marks on account of the residence of the applicants. It is stated in the circular that the candidates belonging to Rajasthan are entitled to 10% bonus marks and the candidates belonging to the district concerned are entitled to another 10% bonus marks and the candidates belonging to the Village and Rural Zone are entitled to another 5% bonus marks. It is submitted by the learned counsel for the petitioner that out of the total marks of 375, about 70 marks have been earmarked on the ground of the residence. THE petitioner is one of the candidate who appeared in the examination vide Advertisement No. 2/99 against 204 posts of Gram Sewak-cum-Paden Sachive, annexure-1. Even though, the petitioner fulfilled all the required qualification and was allotted Roll No. 101895 and is also resident of Kanchroli, Tehsil Hindaun City, District Sawaimadhopur and has appeared in the examination of the three subjects i. e. Mathematics, General Hindi and General Knowledge in June, 1999 but he has been discreminated of about 30 marks because of the reason he is not resident of the district, even though, he is otherwise a meritorious candidates. THE result of the written examination was declared on 30. 10. 1999, Annexure-6 as published in the daily news paper.

(2.) PER contra, the counsel for the respondent does not dispute the fact of the bonus marks because of the residence which has been set aside, having been declared ultravires in a Full Bench Decision of this Court, reported in WLC 2000 (1), (supra) but submits that judgment is prospective. It goes without saying that after declaring such similar notifications as ultravires, the department is still continuing the recruitment by giving bonus marks to some of the candidates on the basis of residence. The result itself was declared in October, 1999 i. e. after the judgment of Full Bench. The bonus marks were allotted after the written examination when the judgment had already come into existence, about the bonus marks.