ZILA PARISHAD, CHITTORGARH THROUGH CHIEF EXECUTIVE OFFICER Vs. OM PRAKASH
LAWS(SC)-2019-2-317
SUPREME COURT OF INDIA
Decided on February 12,2019

Zila Parishad, Chittorgarh Through Chief Executive Officer Appellant
VERSUS
OM PRAKASH Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) This appeal arises out of the judgment passed by the High Court of Rajasthan at Jodhpur in D.B. Civil Special Appeal (W) No. 1107 of 2013 in and by which the Division Bench has set aside the order of the learned Single Judge and directed the appellant - Zila Parishad to issue appointment to the first respondent.
(3.) The dispute relates to advertisement issued in the year 1995 by the appellant - Zila Parishad for appointment of Teacher Grade-III. The first respondent - Om Prakash applied for the said post and went through the process of selection and he obtained 76.68 marks in total. The respondent nos. 2 & 3 viz. Jagdish Chandra and Vidhotama Sharma obtained less marks viz., 74.84 and 74.44 respectively. Respondent nos. 2 & 3 who were having less marks than respondent no. 1 was given appointment by the Appellant - Zila Parishad. Being aggrieved, respondent no. 1 filed the writ petition. The writ petition was dismissed by the learned Single Judge on the ground that the Court would not incline to interfere with the impugned order after seventeen years. The learned Single Judge also held that it cannot be said that respondent no.1 was deprived from his rightful claim of appointment.;


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