BRIJENDRA KUMAR JAIMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner passed his secondary school examination in the year 1985 from the Board of Secondary Education, Rajasthan, Ajmer as a regular student. Subsequently, he also acquired the qualification of Graduation i. e. Bachelor of Arts in the year 1989 and also passed the B. P. Ed. examination from Amrawati University. It was only in the year 1996 that the petitioner again appeared in the secondary school examination for improving his percentage of marks and passed the said examination with improved marks.

(2.) IN pursuance of the advertisement issued by the respondents on 6. 10. 1996 for appointment to the post of Physical Training INstructor (PTI) Gr. III, the petitioner also submitted his application, however, the application was rejected on the ground that he had submitted the marksheet of improved marks in the secondary school examination and the mark sheet of the earlier secondary school examination of the year 1985 had not been annexed with the application form.

(3.) WHILE considering the judgment of the Division Bench in the case of Surendra Kumar & Ors. (supra), one of the coordinate Bench of this Court in Surendra Kumar Sharma & Ors. vs. State of Rajasthan (3), held that in view of specific clause in the advertisement and Circular issued by the State Government, improved marks obtained in subsequent examination shall not be considered for the purpose of considering the merit of a candidate. However, another coordinate Bench of this Court in the case of "ramakant Gautam vs. State of Rajasthan & Ors. (4), while considering both the judgments of the Division Bench in case of Surendra Kumar and Om Prakash (supra) (though name of the parties have wrongly been mentioned in the judgment) held that improved marks have to be considered for the purpose of preparing the merit. Judgment of the Single Judge Bench in case of Surendra Kumar Sharma (supra) was again not referred or even cited in the above judgment.