PREM NIDHI SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THE plaintiff-petitioner filed a suit for declaration and permanent injunction in the trial court with a prayer that he was entitled for 5 marks for NCC, which were not added in the total marks and a merit list was prepared, which was wrong on part of the defendants, therefore, the defendants be directed to add 5 marks for NCC and revise the merit list and to consider the case of the petitioner for appointment on the post of Teacher Gr.III.

(3.) THE submission of the learned counsel is that Mr.Pandey, Government Counsel appeared on behalf of the defendants and his presence was also marked in the order-sheets of the trial court, therefore, the decree dated 29th January, 1999 cannot be said to be an ex parte decree and trial court was right in rejecting the application of the defendant-respondents No.2&3, the appellate court committed an illegality in reversing the order of the trial court. THErefore, the order of the first appellate court be quashed and order of the trial court be restored.