RAMSWAROOP Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The present intra court appeal lays challenge to the judgment and order dated 18.07.2018, passed by learned Single Judge in appellant's writ petition.

(2.) Succinctly stated, the facts relevant for decision of present appeal are that the appellant had vied for selection on the post of Constable (Driver), pursuant to advertisement dated 14.10.2010 under the OBC Category, in District Sriganganagar. According to the terms of the advertisement, selection process contemplated a written test comprising of 75 marks; physical efficiency test of 10 marks; and proficiency test of 15 marks. The respondents had distributed 15 marks of proficiency test in the following manner:- <FRM>JUDGEMENT_80_LAWS(RAJ)8_2018_1.html</FRM>

(3.) The appellant secured 78 marks, whereas the last selected candidate secured 81 marks. By way of the writ petition, the appellant raised a grievance in relation to awarding 4 marks to the candidates holding driving license of Heavy Motor Vehicles, on the ground that the condition of the advertisement simply required possession of LMV/HMV license and there was no stipulation of allocation of four marks to the candidates, possessing such license. It was asserted that neither the advertisement nor the relevant rules envisaged such criterion and thus, the same was illegal.