RAM KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE controversy involved in the present writ petition is squarely covered by the decision of a coordinate bench of this Court in the case of Sukh Ram Vs. State of Rajasthan & Ors. (SBCWP No. 1138/1998, decided on 07.12.2011. The petitioner's services as Teacher were sought to be terminated on account of appointment of one Umesh Jangid, who was earlier not selected as Physical Teacher Gr. II, in the selection process and the present petitioner was also selected like Sukh Ram. In the judgment in the case of Umesh Jangid Vs. State of Rajasthan (CW No. 922/1996, decided on 10.01.1997), itself the learned Single Judge made it clear that while treating the Sport Certificate granted by the University or by the Education Department at par and upon the same being done, the petitioner like Umesh Jangid, if they were to be included in the merit list for appointment, that would not dislocate or result in the termination of the services of other persons already selected and appointed. The relevant extract of the judgment rendered in CW No. 922/1996 -Umesh Jangid Vs. State & Ors., is quoted herein below for ready reference: -

(2.) IN the case of Sukh Ram (supra), the coordinate bench of this Court while discussing the similar position as is obtaining in the present case, held as under: -