YOGENDRA KUMAR SHARMA Vs. SECRETARY CUM COMMISSIONER

JUDGEMENT

(1.) Learned Counsel for the review petitioner Mr. Ajay Rastogi submits that at the time of decision of the writ petition. learned Counsel Mr. Hanuman Choudhary who was earlier representing the petitioner, wrongly referred the judgment of Raman Singh Koli Vs. State of Rajasthan delivered in SB Civil Writ Petition No. 6338/2002, dated 19.9.2002 , the said judgment is not applicable to the instant case. As the petitioner has filed the writ petition prior to the judgment delivered by the Honourable Supreme Court and that is in the year 2000.

(2.) In the petitions which are filed before the judgment of Hon'hle Supreme Court, the judgment of this Court rendered in case of Naval Kishore Sharma Vs. State of Rajasthan & Ors . along with 22 similar writ petitions are applicable to the instant case by which this court directed that "on preparation of new merit lists, if it is found that the appointment orders have been issued to the candidates after 21.10.1999, who secured less marks to the candidates but have been placed above in the old merit list, as they have been awarded additional ten and five bonus marks on the basis of their being original residents of particular District or residents of rural area of that District for which advertisement was issued, passed after giving them seven days show cause notice. After preparation of new merit lists of candidates, all the available vacancies shall be filled in strictly in accordance with the new merit list prepared of the candidates. who have not been given appointment prior to 21st Oct., 1999. The respondents i.e. Secretary and Director, Gramin Vikas and Panchayati Raj Department, Government of Rajasthan, Jaipur shall complete this entire exercise within a period of one and a half month from today."

(3.) Learned Government Advocate Mr. Jinesh Jain submits that the petitioner earlier passed his Secondary Examination in the year 1985 and Higher Secondary Examination in the year 1987. After completing Graduation, the petitioner again appeared in Secondary Examination for improving his merit and passed the Secondary Examination in the year 1997 improving his merit.It is given out by learned Counsel for the review petitioner that the petitioner applied pursuant to the advertisement issued in the year 1988, therefore, the marks obtained by the review petitioner in subsequent examination for improvement of marks should be considered. In support of his submissions, he placed reliance on the judgment rendered by the Division Bench in case of Surendra Kumar and Ors. Vs. State of Rajasthan & Ors.