JHAMMAN LAL GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The writ petitions are being heard by us in view of the order dated 02.04.2012 passed by Hon'ble Supreme Court in Suresh Chandra Sharma vs. State of Rajasthan & Ors. [Petition for Special Leave to Appeal (Civil) No.21377/2009] and subsequent order dated 30.08.2012, in which, it was submitted that in view of decision of Hon'ble Supreme Court in Kailash Chand Sharma etc. etc. vs. State of Rajasthan and Ors. [(2002) 6 SCC 562], several persons have obtained appointment upon the misrepresentation of facts; the State Government had terminated services of fifty persons, who have obtained appointment by misrepresentation of facts. The orders of termination have been questioned by way of writ petitions before this Court at Principal Seat, Jodhpur and Jaipur Bench; the same are still pending consideration. This Court has passed various orders staying operation of termination of services of the petitioners. Thus, the Hon'ble Supreme Court has directed that the bunch of writ petitions filed by the effected employees be placed before the Division Bench for an early disposal of the matter. Consequently, the bunch of writ petitions have been listed today before us in compliance of the order passed by Hon'ble Supreme Court in Suresh Chandra Sharma's case.

(2.) THE question pertains to appointment of Teacher Grade-III for which advertisement was issued in the year 1998. The dispute arose with respect to assigning of the bonus marks. The matter was referred to full Bench of this Court in Deepak Kumar Suthar and Anr. vs. State of Rajasthan and Ors. [1999 (2) RLR 692 (FB)] and the Full Bench has held the provision of providing bonus marks to candidates belonging to same district for which posts are advertised to be unconstitutional. The matter travelled to the Hon'ble Supreme Court. The Hon'ble Supreme Court in the case of Kailash Chand Sharma (supra) while considering the considering the competing claims in light of the acceptance of prospective overruling in principle, confined the relief only the petitioners who moved this Court and to make appointments on or after 18.11.1999. Relief was confined only to the petitioners who approached to the Hon'ble Supreme Court. The Hon'ble Supreme Court in Kailash Chand Sharma (supra) has laid down thus: