JINTENDRA KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking quashing of the order of termination dated 02.11.2012 with the further prayer to reinstate him in service with all consequential benefits.

(2.) The facts necessary to be noticed for adjudication of this writ petition are that while making appointments to the post of Teacher Grade-III in pursuance to the advertisement issued in the year 1998, the State of Rajasthan provided certain guidelines for determination of merit. As per the said guidelines, bonus marks were provided to the persons belonging to the rural areas. The same was challenged by way of writ petition before this Court. The issue was referred to the Full Bench and the same came to be decided in the case of Deepak Kumar Suthar & anr. v. State of Rajasthan & ors. reported in 2000 (1) WLC (Raj.) 1. The Full Bench of this Court held that the grant of weightage in public employment on the basis of residence is discriminatory. The said judgment was challenged before the Apex Court by way of S.L.P. in the case of Kailash Chand Sharma v. State of Rajasthan & ors. reported in (2002) 6 SCC 56 The Apex Court affirmed the law laid down in the case of Deepak Kumar Suthar (supra). While upholding the view of the Full Bench, the Apex Court issued the following directions :-

(3.) Writ Petition No. 542 of 2000 filed in this Court under Article 32 is hereby dismissed as it was filed nearly one year after the judgment of the High Court and no explanation has been tendered for not approaching the High Court under Article 226 at an earlier point of time."