HARSHENDRA CHOUBISA Vs. STATE OF RAJASTHAN
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
STATE OF RAJASTHAN
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(2.)Appeals are taken on file and are being disposed of by this common judgment.
(3.)The first five appeals are filed against the judgment of the learned single Judge of Rajasthan High Court in Writ Petition (C) No. 6256 of 1999. That writ petition was filed by one Chandan Singh Beniwal who is one of the respondent herein. He was an applicant for the post of Gram Sewak cum Paden Sachive in Barmer District. The applications for the said posts were invited by various -ila Parishads pursuant to the circular issued by the State of Rajasthan (Rural Development and Panchayati Raj Department) on 22-2-1999. The circular lays down, inter alia, the selection procedure including the modalities of holding written test and preparation of merit list. The said circular was issued in exercise of the power conferred on the Government under the proviso to Rule 273 of Rajasthan Pancha-yati Raj Rules, 199 Para 7 of the Circular provides for addition of certain marks to the marks scored in the written examination. 10% additional marks are to be given to the residents of State of Rajasthan, 10% for the residents of the concerned district and 5% for the residents of rural areas in that district. It appears that the result of the written examination was declared on October 30, 1999. As the said Chandan Singh could not get selected he filed a writ petition questioning the circular dated 22-2-1999 insofar as it provides for bonus marks to the applicants belonging to the districts and the rural area of the concerned district. By the time the writ petition came up for hearing before the learned single Judge, a Full Bench of the High Court decided on 21-10-1999 in Deepak Kumar Suthar's case that giving of weightage on the ground of residence in the district and rural areas by adding bonus marks is unconstitutional. The Full Bench struck down a similar circular issued in the context of appointment of teachers in the Education Department. However, the Full Bench gave prospective effect to the judgment and also declined to grant relief to the writ petitioners for the reason that even if bonus marks were excluded, they will not stand to gain. This judgment was followed by another Full Bench which examined the validity of a similar circular in relation to the selections to the posts of teachers by -ila Parishads. It may be stated that the correctness of the later Full Bench judgment rendered on 18-11-1999 has been questioned in this Court either by the State or by the aggrieved parties. The appeals against the judgment dated 18-11-1999 have been disposed of today by us by a common judgment.
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