SAVITRI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner applied for the post of Teacher Gr. III in pursuance to the advertisement issued by the respondents in the year 1998. As per circular, issued by the State Government in regard to the above selections, 10 bonus marks were provided for residents of the District, for which the selections were to be made, and further 5 bonus marks were provided for the residents of rural area of the District. Providing benefit of bonus marks, as referred above, came to be challenged by some of the candidates by way of filing writ petitions before this court.

(2.) IN view of different views, expressed by some of the Benches, the matter came to be referred to the Larger Bench of this court. The Larger Bench decided the controversy in favour of the petitioners, who had challenged the validity of providing bonus marks on the basis of residency, as referred above. The controversy ultimately came to be raised before the Supreme Court in the SLPs, filed by the following categories of persons: " (1 ). Those filed by the original writ petitioners who were aggrieved by the direction in the judgment either confining its application prospectively or denying relief on the ground that writ petitioners would not have been selected even if 10 or 15 bonus marks are excluded. The appellant in the first these appeals - Kailash Chand Sharma - belongs to this category. He hails from the district of Karouli and he applied for the job in Barmer district. (2) Those candidates who have not been offered appointment, though selected on the strength of the weightage accorded for residents of the District and rural areas comprised therein. (3)Those selected on the basis of weightage and appointed after 21. 10. 1999, whose appointments were likely to be cancelled in view of the directions in the impugned judgments. (4) Official respondents in the writ petitions, viz. , State of Rajasthan and Zila Parishads. "