JAGDISH PRASAD FAGERIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for petitioners submits that a coordinate bench of this Court vide judgment dated 21.10.2008 while deciding a bunch of writ petitions leading one being Writ Petition No. 5765/2006, in which petitioner's Writ Petition No. 2305/2003 was also disposed of, directed the respondents to extend the same benefits as was given to the petitioners by a Full Bench Judgment of this Court in Brijendra Kumar Jaiman and Others vs. State of Rajasthan & Ors., decided on 29.07.2008, wherein it was answered that the improved marks obtained in secondary examination can be considered for drawing the merit list of the candidate for appoint to the posts of Teacher PTI Gr.III and that the Director Primary & Secondary Education is not competent to issue circulars and Guidelines laying down criteria for drawing merit list for appointment to the posts of Teacher/PTI Gr.III. The aforesaid benefit was not granted to the petitioners and therefore they filed Contempt Petition, wherein it was wrongly given out by the respondents that the compliance has been made and if the petitioners are not satisfied they can make a representation to the respondents for further compliance. The State Government filed Special Leave Petition against the order of the Full Bench, supra. The Supreme Court vide its judgment dated 15.03.2013 in Petition for Special Leave to Appeal (Civil) No. 18783/2009, dismissed the Special Leave Petition. Thereafter some of the petitioners therein again filed contempt petition after serving a notice for demand of justice, and again when the full compliance was not made, this Court vide order dated 04.12.2013 in Contempt Petition No. 1224/2013, granted liberty to the petitioners to file fresh writ petition.

(2.) IT is contended that the respondents have till date not taken the marks obtained by the petitioners in the examination for the purpose of improvement and accordingly has not placed them in the merit list. If those marks are taken into consideration, the petitioners would get higher placement in the merit and also consequential benefits.