NARESH KUMAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition seeks to challenge the order of the government dated 10.3.2000 whereby the respondents refused to provide employment to the petitioner in terms of their Circular dated 29.10.1976.

(2.) LEARNED Counsel for the petitioner has challenged the aforesaid order on the premise that government by the aforesaid policy circular decided to provide employment to atleast two persons of the dependants of the deceased/wounded army personnel subject to fulfilling eligibility criteria of educational qualification etc.

(3.) SHRI Mahendra Goyal, learned Counsel for the petitioner argued that the petitioner applied for appointment on the post of Teacher Grade -Ill. He was having qualification of B.A. and B.Ed, ad even fulfilled the eligibility criteria for appointment on the post of Physical Teacher under Rajasthan Education Subordinate Service Rules, 1971. This Court vide its earlier order dated 4.5.1998 passed in her earlier writ petition directed the respondents to consider case of the petitioner and decide his representation within six months. But when nothing was gone, petitioner filed contempt petition and it was thereafter, that representation of the petitioner was dismissed by the impugned -order. Learned Counsel argued that respondents have erred in law in rejecting representation of the petitioner on the premises that as against 12 advertised vacancies for the year 1998 -99, petitioner's merit was at Sr. No. 50 and in O.B.C. Category his merit was at Sr. No. 228. It was argued that Circular of the government dated 29.10.1976 was issued with an objection to provide employment to the dependents of the deceased/wounded army personnel and the respondents have failed to apply their mind to the objectives aforesaid. Learned Counsel therefore submitted that the respondents be directed to provide appointment to the petitioner.