KAILASH CHAND SHARMA Vs. STATE OF RAJASTHAN
LAWS(SC)-2002-7-101
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on July 30,2002

KAILASH CHAND SHARMA Appellant
VERSUS
STATE OF RAJASTHAN Respondents





Cited Judgements :-

DEEPAK KUMAR, SON OF BIRENDRA KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-1-168] [REFERRED TO]
SHRI MEIHOUBAM RAKESH SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-3-9] [REFERRED TO]
JAI PRAKASH BATHAM VS. STATE OF M P [LAWS(MPH)-2011-3-56] [REFERRED TO]
K DAVID PACKIA MUTHU VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2008-2-374] [REFERRED TO]
RANJEET PANDIT VS. STATE OF BIHAR [LAWS(PAT)-2022-6-67] [REFERRED TO]
SAVITRI DEVI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-46] [REFERRED TO]
SAMAY SINGH GURJAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-10-10] [REFERRED TO]
STATE OF RAJASTHAN VS. NEMI CHAND MAHELA [LAWS(SC)-2019-4-129] [REFERRED TO]
SHIVAM UPADHYAY VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2015-9-21] [REFERRED TO]
RAMVIJAI YADAV VS. STATE OF U.P.THRU SECY [LAWS(ALL)-2013-4-6] [REFERRED TO]
ASHOK LAXMANRAO GADGE VS. PRATIMA DEODATTA KARMAKAR [LAWS(BOM)-2009-7-91] [REFERRED TO]
RAJENDRA PANDURANG PAGARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-7-116] [REFERRED TO]
RAJENDRA SINGH BHAGOR VS. CHIEF OF THE ARMY STAFF [LAWS(ALL)-2003-10-4] [REFERRED TO]
N.JYOTHI NIRMALA AND ORS. VS. THE REGIONAL JOINT DIRECTOR, WOMEN DEVELOPMENT AND CHILD WELFARE DEPT., WARANGAL REGION AND ORS. [LAWS(APH)-2016-4-40] [REFERRED TO]
G RAJABABU VS. GOVERNMENT OF A P [LAWS(APH)-2007-3-57] [REFERRED TO]
D J PRASAD VS. REGISTRAR SN KRISHNADEVARAYA UNIVERSITY ANANTAPUR [LAWS(APH)-2002-9-34] [REFERRED TO]
HIRAMANI HALOI VS. STATE OF ASSAM [LAWS(GAU)-2015-12-91] [REFERRED TO]
TIRUPATI CYLINDERS PVT. LTD. AND ANR. VS. INDIAN OIL CORPORATION LIMITED AND ANR. [LAWS(DLH)-2017-9-168] [REFERRED TO]
SOCIAL JURIST, A CIVIL RIGHTS GROUP VS. GOVERNMENT OF NCT OF DELHI AND ANR [LAWS(DLH)-2018-10-51] [REFERRED TO]
Nathu Ram Sharma VS. Bikram Singh Mehta [LAWS(HPH)-2010-1-92] [REFERRED TO]
SHAILENDRA PRASAD MEHTA VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-9-55] [REFERRED TO]
MANOHAR MAHTO AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2016-1-32] [REFERRED TO]
H B THAKKAR VS. STATE OF GUJARAT [LAWS(GJH)-2003-9-75] [REFERRED]
DINESH KUMAR VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-9-119] [REFERRED TO]
DR. ASHOK NIGAM VS. LUCKNOW NAGAR NIGAM [LAWS(ALL)-2017-7-212] [REFERRED TO]
GAURAV TRIPATHI VS. STATE OF U P [LAWS(ALL)-2009-12-84] [REFERRED TO]
A H WHEELER VS. UNION OF INDIA [LAWS(ALL)-2005-3-72] [REFERRED TO]
PUSHPAK JYOTI VS. STATE OF U P [LAWS(ALL)-2003-12-4] [REFERRED TO]
ANSHUL AGGARWAL VS. UNION OF INDIA & ORS [LAWS(DLH)-2018-5-245] [REFERRED TO]
RAHUL SARMA VS. STATE OF ASSAM [LAWS(GAU)-2016-3-98] [REFERRED TO]
JASWINDER KAUR GAMBHIR VS. UOI [LAWS(DLH)-2012-9-90] [REFERRED TO]
BINANI INDUSTRIES LIMITED VS. ASSISTANT COMMISSIONER OF COMMERCIAL TAXES [LAWS(KAR)-2005-10-31] [REFERRED TO]
SUDHA T.K. AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2020-12-515] [REFERRED TO]
M MUTHULAKSHMI VS. SECRETARY TO THE GOVERNMENT OF TAMIL NADU SOCIAL WELFARE AND NUTRITION MEALS DEPARTMENT [LAWS(MAD)-2012-10-19] [REFERRED TO]
LALIT KUMAR PARASAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-3-251] [REFERRED TO]
GHANSHYAM SEVA SAMITI VS. STATE OF M.P [LAWS(MPH)-2021-10-118] [REFERRED TO]
KHILAN LAL VANSHKAR VS. STATE OF M P & ORS [LAWS(MPH)-2013-7-460] [REFERRED]
DR. SATYABRATA KANUNGO VS. STATE OF ODISHA & OTHERS [LAWS(ORI)-2016-3-28] [REFERRED TO]
SHAMBHU DAYAL SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-9-29] [REFERRED TO]
JHAMMAN LAL GUPTA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-9-155] [REFERRED TO]
N JAGANNATHAN MEDICAL OFFICER TIRUPATTUR CO OP SUGAR MILLS LTD VS. STATE OF TAMIL NADU [LAWS(MAD)-2010-4-467] [REFERRED TO]
ANJALI MISHRA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-7-81] [REFERRED TO]
TRIVENI CHANDRA PANDEY VS. STATE OF UTTARAKHAND [LAWS(UTN)-2013-11-13] [REFERRED TO]
VIJAY BAHADUR VS. STATE OF UP [LAWS(ALL)-2008-1-60] [REFERRED TO]
INDRA DHANUSH VS. STATE ELECTION COMMISSION [LAWS(ALL)-2003-9-285] [REFERRED TO]
STATE OF U P VS. ANANT KUMAR TIWARI [LAWS(ALL)-2002-11-132] [REFERRED]
AJIT MURUR VS. THE COMMISSIONER STATE COMMON ENTRANCE TEST [LAWS(BOM)-2016-7-137] [REFERRED TO]
A AND N ADMINISTRATION VS. BHAN KHARIA [LAWS(CAL)-2005-8-77] [REFERRED TO]
JAYANTA BORA VS. STATE OF ASSAM [LAWS(GAU)-2004-11-38] [REFERRED TO]
RAMESH KAUNDAL AND OTHERS VS. STATE OF H P & OTHERS [LAWS(HPH)-2017-9-76] [REFERRED TO]
JAGRUTIBEN ISHVARLAL PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2017-3-443] [REFERRED TO]
S S KUTLEHRIA VS. STATE OF H P [LAWS(HPH)-2009-10-63] [REFERRED]
MASTER BALACHANDAR KRISHNAN VS. STATE OF KARNATAKA [LAWS(KAR)-2020-9-642] [REFERRED TO]
AIDED HIGHER SECONDARY TEACHERS ASSOCIATION (AHSTA) AND ORS. VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-10-66] [REFERRED TO]
SUDESH RANI VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-195] [REFERRED TO]
SUDESH RANI VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-195] [REFERRED TO]
ABHISHEK RISHI VS. STATE OF PUNJAB [LAWS(P&H)-2011-6-7] [REFERRED TO]
LALITA TOMAR VS. STATE OF M P [LAWS(MPH)-2009-8-48] [REFERRED TO]
THAN SINGH VS. STATE OF M P [LAWS(MPH)-2005-3-22] [REFERRED TO]
NEELAM SINGH SIKARWAR VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2014-12-115] [REFERRED TO]
BRIGHT RESORTS P LTD VS. DEBTS RECOVERY APPELLATE TRIBUNAL [LAWS(KER)-2003-5-21] [REFERRED TO]
TAMIL NADU COMPUTER SCIENCE B ED GRADUATE TEACHERS WELFARE SOCIETY VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2007-3-234] [REFERRED TO]
SUBEG SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-8-251] [REFERRED TO]
SUBEG SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2014-8-251] [REFERRED TO]
BODU RAM S/O GOMA RAM BIJARNIA VS. THE STATE OF RAJASTHAN THROUGH ITS SECRETARY, PANCHAYATI RAJ DEPARTMENT, GOVERNMENT SECRETARIAT, RAJASTHAN, JAIPUR AND OTHERS [LAWS(RAJ)-2017-5-156] [REFERRED TO]
SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) VS. UNION OF INDIA [LAWS(SC)-2021-3-57] [REFERRED TO]
MANMOHAN SHARMA VS. STATE OF RAJASTHAN [LAWS(SC)-2014-4-12] [REFERRED TO]
ALL INDIA L P G DISTRIBUTORS FEDERATION KERALA CIRCLE VS. UNION OF INDIA [LAWS(KER)-2003-5-22] [REFERRED TO]
MAVOOR PERUVAYAL PERUMANNA GRAMA VIKASANA FORAM VS. UNION OF INDIA [LAWS(KER)-2003-7-59] [REFERRED TO]
STATE OF KERALA VS. MANAGER NIRMAL PUPLIC SCHOOL [LAWS(KER)-2008-4-34] [REFERRED TO]
ROBIN TIRKEY VS. STATE OF JHARKHAND [LAWS(JHAR)-2005-3-45] [REFERRED TO]
DALBIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-2-439] [REFERRED TO]
PANNE SINGH VS. RSRTC [LAWS(RAJ)-2014-3-3] [REFERRED TO]
SUBHASH CHANDRA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-2-52] [REFERRED TO]
PRAKASH CHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-58] [REFERRED TO]
S SIVAJI GANESAN VS. DISTRICT REVENUE OFFICER MADURAI [LAWS(MAD)-2009-11-26] [REFERRED TO]
DHANYAV S VS. KERALA PUBLIC SERVICE COMMISSION [LAWS(KER)-2012-1-51] [REFERRED TO]
SONI KUMARI AND ORS. VS. THE STATE OF JHARKHAND AND ORS. [LAWS(JHAR)-2020-9-56] [REFERRED TO]
ATEEQ VS. SANDEEP SHARMA & ORS. [LAWS(J&K)-2016-2-51] [REFERRED TO]
STATE OF GUJARAT VS. BEROJGAR A T D UNION [LAWS(GJH)-2007-2-188] [REFERRED TO]
RAVINDER BALORIA VS. STATE OF H.P. [LAWS(HPH)-2005-1-19] [REFERRED TO]
DAYARAM KHEMKARAN VERMA S/O KHEMKARAN VERMA VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-48] [REFERRED TO]
SHIHABUDHEEN C.A. AND ANR. VS. THE ADMINISTRATOR, U.T. OF LAKSHADWEEP AND ORS. [LAWS(CA)-2010-2-4] [REFERRED TO]
JITENDRA KALITA VS. STATE OF ASSAM [LAWS(GAU)-2006-5-49] [REFERRED TO]
RAM JANAK MAURYA AND ORS VS. STATE OF U P THRU SECY BASIC EDUCATION AND ORS [LAWS(ALL)-2018-11-164] [REFERRED TO]
SADHANA SHARMA VS. STATE OF U P [LAWS(ALL)-2012-1-59] [REFERRED TO]
KU SONALI RAMKRISHNA BAYANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-9-163] [REFERRED]
AMBRISH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2020-1-127] [REFERRED TO]
PARMAR ALPABEN SANABHAI VS. STATE OF GUJARAT [LAWS(GJH)-2004-9-3] [REFERRED TO]
DINESH KUMAR VS. STATE OF H.P. [LAWS(HPH)-2019-7-84] [REFERRED TO]
BINDU G VS. KERALA PUBLIC SERVICE COMMISSION [LAWS(KER)-2012-1-13] [REFERRED TO]
RAJENDRA PRASAD MAITRI VS. STATE OF C G [LAWS(CHH)-2005-2-21] [REFERRED TO]
FRANCISCO D LUTS VS. SATTE OF MAHARASHTRA [LAWS(BOM)-2008-8-99] [REFERRED TO]
KALIPADA MISHRA VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2016-3-59] [REFERRED]
SAHELI EXPORT PRIVATE LIMITED VS. MINISTRY OF NEW AND RENEWALABLE ENERGY; INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED [LAWS(MAD)-2015-3-169] [REFERRED TO]
ABHISHEK RISHI VS. STATE OF PUNJAB [LAWS(P&H)-2013-4-90] [REFERRED TO]
ABHISHEK RISHI VS. STATE OF PUNJAB [LAWS(P&H)-2013-4-90] [REFERRED TO]
ANIL KUMAR SHARMA VS. PUNJAB STATE AGRICULTURE MARKETING BOARD AND ORS. [LAWS(P&H)-2015-5-426] [REFERRED TO]
DISTRICT COLLECTOR VS. J ARUL LUTHER SINGH [LAWS(MAD)-2007-9-431] [REFERRED TO]
ASHOK KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-12-2] [REFERRED TO]
MANJU BISSA VS. STATE [LAWS(RAJ)-2012-8-1] [REFERRED TO]
LAXMI CHAND VS. RAJ. STATE ROAD TRANS. CORPN. AND ORS. [LAWS(RAJ)-2015-3-98] [REFERRED TO]
PRADEEP KUMAR PALIWAL AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2016-3-28] [REFERRED TO]
SATYAJIT KUMAR VS. STATE OF JHARKHAND [LAWS(SC)-2022-8-12] [REFERRED TO]
K. MADHAVA REDDY AND ORS. VS. GOVT. OF A.P. AND ORS. [LAWS(SC)-2014-5-93] [REFERRED TO]
DAGME KADU VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2018-11-143] [REFERRED TO]
P B KARUNAKAR AND OTHERS VS. STATE OF TELANGANA [LAWS(APH)-2018-2-10] [REFERRED TO]
ALCON RESORT HOLDINGS LTD VS. DEPUTY COLLECTOR AND SUB DIVISIONAL OFFICER [LAWS(BOM)-2002-8-57] [REFERRED TO]
RAKESH KUMAR SHARMA VS. STATE OF U P [LAWS(ALL)-2004-5-141] [REFERRED TO]
ASSAM AYURVEDIC DOCTORS SERVICE ASSOCIATION VS. STATE OF ASSAM [LAWS(GAU)-2023-6-68] [REFERRED TO]
KRISHNA H RAO VS. SHETH V S GENERAL HOSPITAL AND SHETH CHINAI MATERNITY HOSPITA [LAWS(GJH)-2002-9-33] [REFERRED TO]
SONI KUMARI VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2020-8-48] [REFERRED TO]
RUBINA GAUHAR VS. STATE OF KARNATAKA [LAWS(KAR)-2022-3-15] [REFERRED TO]
YOGEN GHATANI VS. STATE OF SIKKIM [LAWS(SIK)-2020-2-3] [REFERRED TO]
JHEER AHMAD VS. RAJASTHAN [LAWS(RAJ)-2021-2-238] [REFERRED TO]
YOGENDRA KUMAR SHARMA VS. SECRETARY CUM COMMISSIONER [LAWS(RAJ)-2004-4-104] [REFERRED TO]
MANNA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-9-40] [REFERRED TO]
S. SIVAJI GANESAN VS. DISTRICT REVENUE OFFICER MADURAI DISTRICT [LAWS(MAD)-2020-12-7] [REFERRED TO]
STATE OF KERALA VS. MANAGER ST. ROCH'S HIGH SCHOOL [LAWS(KER)-2014-4-57] [REFERRED TO]
KERALA PUBLIC SERVICE COMMISSION AND ORS. VS. JEEJA C.V. AND ORS. [LAWS(KER)-2016-3-116] [REFERRED TO]
M BHUVANESWARI VS. STATE OF TAMIL NADU [LAWS(MAD)-2006-4-147] [REFERRED TO]
RAGHVENDRA SINGH VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2015-4-60] [REFERRED TO]
SHIVANI SINGH VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-5-96] [REFERRED TO]
MADHAV SHRAMA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-2-42] [REFERRED TO]
A S VIMALAKSHI W/O LATE M S MALLESHAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-71] [REFERRED TO]
GAUTAM SHARMA VS. JAWAHAR LAL NEHRU UNIVERSITY AND ORS. [LAWS(DLH)-2016-1-154] [REFERRED TO]
NANDKUMAR GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-5-42] [REFERRED TO]
JAVED VS. STATE OF U P [LAWS(ALL)-2005-4-200] [REFERRED TO]
RAKHI THAREJA VS. UNION OF INDIA [LAWS(ALL)-2010-8-2] [REFERRED TO]
BHAGIRATH & 4 ORS VS. D M , LAKHIMPUR KHERI & 2 ORS [LAWS(ALL)-2017-11-154] [REFERRED TO]
SMT. JYOTI KHARE VS. STATE OF U.P. [LAWS(ALL)-2017-5-167] [REFERRED TO]
RAMDAS ARJUN JAPE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-10-134] [REFERRED TO]
IQBAL HUSSAIN VS. MCD [LAWS(DLH)-2005-9-101] [REFERRED TO]
TAMIL NADU COMPUTER SCIENCE B ED GRADUATE TEACHERS WELFARE SOCIETY, REGD BO 77/2006 VS. P SELVARAJ [LAWS(MAD)-2007-3-513] [REFERRED]
SARITA BAI PATEL VS. DRAUPATI BAI & ORS [LAWS(MPH)-2019-2-41] [REFERRED TO]
KULTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-1-139] [REFERRED TO]
CHANDRAMANI JENA VS. STATE OF ORISSA [LAWS(ORI)-2007-8-13] [REFERRED TO]
EX NK PRABHAKAR SETHI VS. G M STATE BANK OF INDIA [LAWS(ORI)-2010-3-49] [REFERRED TO]
BASANTI SURYAWANSHI VS. STATE OF M P [LAWS(MPH)-2011-7-86] [REFERRED TO]
MANOJ KUMAR PANDYA VS. STATE OF M P [LAWS(MPH)-2008-1-65] [REFERRED TO]
ABHILASHA SHARMA VS. SAROJ DEVI AND ORS. [LAWS(MPH)-2014-12-156] [REFERRED TO]
APPU FOOD PRODUCTS VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-2-515] [REFERRED TO]
VISHNU LAL SEN S/O SH PREM CHAND SEN VS. RAJASTHAN STATE ROAD TRANSPORT CORPORATION THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, PARIVAHAN MARG, JAIPUR ; MEMBER SECRETARY, SERVICE SELECTION BOARD, RAJASTHAN STATE ROAD TRANSPORT CORPORATION, PARIVAHAN MARG, JAIPUR ; ABHIMANYU SINGH YADAV; SURENDRA [LAWS(RAJ)-2016-9-198] [REFERRED]
DHANRAJ & OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-364] [REFERRED]
PAVAN KUMAR VS. STATE OF RAJASTHAN & ORS [LAWS(RAJ)-2014-12-291] [REFERRED]
RAJASTHAN AUTO CHALAK UNION INTACK VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-1-21] [REFERRED TO]
SAHENDRA BAI VS. R P S C [LAWS(RAJ)-2008-3-36] [REFERRED TO]
BRIJESH KUMAR SHARMA VS. STATE OF RAJASTHAN & ORS [LAWS(RAJ)-2012-9-399] [REFERRED]
BANA LAL GERJAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-7-31] [REFERRED TO]
UNEMPLOYED SECONDARY GRADE TEACHERS VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-5-51] [REFERRED TO]
K. MADHAVA REDDY VS. GOVT. OF A.P. [LAWS(SC)-2014-4-86] [REFERRED TO]
ZARANBEN RASIKBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2003-8-4] [REFERRED]
SUHARA VS. KERALA PUBLIC SERVICE COMMISSION [LAWS(KER)-2012-1-46] [REFERRED TO]
S S KUTLEHRIA VS. STATE OF H P [LAWS(HPH)-2010-1-74] [REFERRED TO]
FRANCISCO D LUIS VS. DIRECTOR BOARD OF SECONDARY AND HIGHER SECONDARY EDUCATION [LAWS(BOM)-2008-9-246] [REFERRED TO]
CHELLARAM JETHANAND MADHRANI VS. MARUTI RAGHUNATH KADAM [LAWS(BOM)-2005-12-164] [REFERRED TO]
GOPIKA PROJECTS PRIVATE LIMITED VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-11-3] [REFERRED TO]
ARINDAM CHATTERJEE VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2017-4-133] [REFERRED TO]
KAPIL DEO SRIVASTAVA VS. HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2004-5-157] [REFERRED TO]
ARVIND NATH DEVENDRA PAL SHARMA AND ATUL KRISHNA VS. STATE OF U P [LAWS(ALL)-2004-9-155] [REFERRED TO]
RUCHI VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2018-8-63] [REFERRED TO]
SUMIT AND 14 OTHERS VS. STATE OF U P AND 4 OTHERS [LAWS(ALL)-2019-5-38] [REFERRED TO]
B RAMA MOORTHY VS. G RAJABABU [LAWS(APH)-2010-11-90] [REFERRED TO]
E V CHINNAIAH VS. STATE OF A P [LAWS(SC)-2004-11-82] [REFERRED TO]
JINTENDRA KUMAR SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-4-114] [REFERRED TO]
SAVITRI SINGH VS. STATE OF M P [LAWS(MPH)-2003-4-58] [REFERRED TO]
GIRISH CHANDRA TRIPATHY VS. STATE OF ODISHA [LAWS(ORI)-2019-1-64] [REFERRED TO]
MADHU SONI VS. STATE OF RAJASTHAN & ORS. [LAWS(RAJ)-2003-9-96] [REFERRED]
MAMTA BORA VS. STATE OF UTTARANCHAL [LAWS(UTN)-2006-4-46] [REFERRED TO]
DEVANRAJA @ DEVENDRA KUMARI PARMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-2-20] [REFERRED TO]


JUDGEMENT

- (1.)Leave to appeal granted. Consequently, the appeals are taken on file and being disposed of by this common judgment.
(2.)The selections held and the consequential appointments made to the posts of primary school teachers by the -ila Parishads of various districts in the State of Rajasthan during the year 1998-1999 have given rise to these appeals. The Full Bench judgment of Rajasthan High Court dated 18-11-1999 in Kailash Chand Sharma (Petitioner in first of the appeals corresponding to S.L.P. (C) No. 1824/2000) v. State of Rajasthan and connected Writ Petitions are under challenge in these appeals apart from the Division Bench judgment in State of Rajasthan v. Naval Kishore Sharma. The Full Bench followed its earlier judgment in Deepak Kumar Suthar v. State of Rajasthan (W.P. (C) No. 1917/1995) and disposed of the Writ Petitions on the same terms as in the previous Full Bench reference case. At the outset, it may be stated that the judgment of the Full Bench rendered on October 21, 1999 in Deepak Kumar's case (reported in 1999 (2) RLR 692) was in relation to the selection of teachers Grade II and Grade III which was pursuant to the advertisement issued by the Director, Primary and Secondary Education during the year 1995. The said posts of teachers Grade II and Grade III are borne in State cadre under the administrative control of Education Department of the State Government. The second Full Bench judgment, as already noted, was in the context of selections to the posts of teachers district-wise coming within the fold of respective -ila Parishads. In the impugned judgment the Full Bench, however, did not see any impediment in applying the ratio of the previous judgment. The Full Bench observed that "merely because the employment relates to the Panchayats, that does not make any difference in the light of the law laid down in the Full Bench judgment aforementioned." What was called in question by the unsuccessful candidates who filed their applications and appeared before the o.1 Selection Boards was the award of bonus marks to the applicants belonging to the district and the rural areas of the district concerned. The first Full Bench (in the case of Deepak Kumar v. State) held that award of such bonus marks was unconstitutional and the relevant clause in the circular providing for bonus marks was void. The learned Judges observed that "this kind of weightage would give a complete go-bye to the merit of the candidates and would seriously affect the efficiency of administration/teaching." The Full Bench answered the reference holding that "any kind of weightage/advantage in public employment in any State service is not permissible on the ground of place of birth or residence or on the ground of being a resident of urban area or rural area. . . . . . ." Having so declared the law, the Full Bench gave the following directions in the concluding para of the judgment :
"Instead of sending the matter to the appropriate Bench, we think it proper to dispose of this petition with a direction that no relief can be granted to the petitioners as they could not succeed to get the place in the merit list even by getting 10 bonus marks being residents of urban area, for which they are certainly not entitled. Moreso, the petitioners have not impleaded any person from the select list, not even the last selected candidate. Thus, no relief can be granted to them in spite of the fact that the appointments made in conformity of the impugned circular have not been in consonance with law. However, we clarify that any appointment made earlier shall not be affected by this judgment and it would have prospective application."

(3.)It is this decision that was followed by the Full Bench in the impugned judgment and the batch of writ petitions were disposed of accordingly. Against this judgment SLPs were filed by the original writ petitioners (six in number) as well as the State Government and the -ila Parishad.


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