GURUDAYAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By these writ petitions, a prayer has been made for giving appointment to the petitioners on the post of Teacher Gr. III pursuant to the advertisement number 1/98 of the year 1998. It is submitted that respondents provided bonus marks based on residence. The award of bonus marks was challenged by many candidates. The award of bonus marks based on residence was held to be illegal other than the bonus marks for residents of State of Rajasthan. The aforesaid matter ultimately travelled to the Supreme Court in the case of Kailash Chand Sharma vs. State of Rajasthan & Ors. The Hon'ble Apex Court considered the matter extensively and thereupon it was held that award of bonus marks based on residence either for rural or for particular district, has rightly been declared to be illegal by the Full Bench in its judgment dated 18.11.1999. While concluding the judgment, the Hon'ble Apex Court given following directions in para 46, which is reproduced hereunder for ready reference:

(2.) Perusal of the aforesaid para shows that to balance the competing claims in the light of the acceptance of the perspective overruling in principle, the relief to confine only to those petitioners, who moved to the High Court and to make appointments made on or after 18.11.1999. The Hon'ble Apex Court even dismissed the writ petition preferred, on the ground of latches, as essentially it was filed after one year. By virtue of directions in main para 46, a consideration in reference of the judgment of Full Bench cannot be for those petitioners, who did not move to the High Court at that time. It seems that few petitioners came before this Court and therein direction has been given for consideration of the candidature in the light of the judgment in the case Kailash Chand Sharma and therein specific reference of para 46 has been given.

(3.) One of the judgment referred by learned counsel is in the case of Vijendra Sharma vs. State of Rajasthan & Ors. in S.B. Civil Writ Petition No. 2664/2007 dated 4.2.2011. It is submitted that when the aforesaid writ petition was filed in the year 2007 and a direction for consideration has been made in the light of the judgment in the case of Kailash Chand Sharma and Deepak Kumar Suthar, the Full Bench judgment, the petitioner is also entitled for the same relief.