DEVENDRA SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS is second round of litigation. The first writ petition preferred by the petitioner was registered as SB Civil Writ Petition No. 3727/1999 for the prayer of providing appointment on the post of Physical Teacher Grade III. The said writ petition was dismissed on 22.02.2002 by this Court on the ground that in reply to that writ petition, it was submitted that no person below the petitioner in merit of general category was offered appointment. After dismissal of the said petition, it has come to the knowledge of the petitioner that the said reply filed by the respondents was totally false. Therefore, the petitioner preferred an application for recalling the order dt. 22.02.2002. However, the learned Single Judge vide order dt. 17.09.2003 disposed of the said application filed in the earlier writ petition and granted liberty to the petitioner to file fresh writ petition impleading those persons who were below in merit but given appointment, as party respondent. In present writ petition, the petitioner has placed on record the copy of the order dt. 17.09.2003 passed in SB Civil Misc. Application No. 82/2003 as Annexure -2 by which petitioner was granted liberty to file fresh petition.

(2.) IN this writ petition, it is submitted by petitioner that he applied in pursuance of the advertisement issued by the respondents for recruitment on the post of Physical Teacher Grade III as he was possessing graduate degree in Commerce and has passed diploma course examination of physical education in the year 1994 from the Department of Education, Govt. of Rajasthan, Bikaner. Further, it is stated in the writ petition that the petitioner is outstanding Hand Ball player and has represented the State Level Hand Ball Championship, which was organised by the Kota District Hand Ball Association. A certificate of XVII Senior Rajasthan State Handball Championship, 1992 has been placed on record as Annexure -6.

(3.) AFTER dismissal of the earlier writ petition, on enquiry being made, it has come to the knowledge of the petitioner that there were only two vacancies and in the merit list, one Rajendra Kumar Sharma was placed at Sl. No. 1 with 99.25% marks and another candidate Kamal Kumar Gautam was placed at Sl. No. 2 with 87.25% marks and they were provided appointment, which is evident from Annexure -7 issued by the respondents. The petitioner 's name was included in the merit list in which it has been shown that the petitioner has secured 79.20% marks as per criteria. But upon enquiry, it has come to the knowledge of the petitioner that no bonus marks were given to him for certificate of State Level Tournament issued by District Hand Ball Association filed by him although the petitioner was entitled as per the verdict of this Court in the judgment of Hon 'ble Division Bench of this Court in DB Civil Special Appeal No. 261/1997 dt. 04.08.1997 (State of Raj and Ors. v. Umesh Jangid).