STATE OF RAJASTHAN Vs. SUNDER LAL
LAWS(RAJ)-2020-2-70
HIGH COURT OF RAJASTHAN
Decided on February 13,2020

STATE OF RAJASTHAN Appellant
VERSUS
SUNDER LAL Respondents

JUDGEMENT

- (1.) D.B. Civil Misc. Application No.674/2019:- The application filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal, is allowed, for the reasons stated therein.
(2.) D.B. Special Appeal Writ No. 762/2018:- Learned counsel for the appellant-State submitted that the order passed by the learned Single Judge dated 23.01.2018 was passed on the basis of decision rendered in the bunch of writ petitions with lead case of S.B.C.W.P. No.7545/2017 (Lalit Kumar Versus The University Grants Commission and Ors.).
(3.) Learned counsel submitted that the said judgment of Lalit Kumar (supra), has been set-aside by the Division Bench in D.B. Special Appeal (Writ) No.1046/2018 (State of Rajasthan Versus Indu Bala Kumawat & Anr.) while allowing the special appeal filed by the State and held as follows:- "In our considered opinion, the learned Single Judge has erred in reading/interpreting the contentious condition of the advertisement dated 12.01.2015(reproduced in para 15 supra). The appeal therefore succeeds; the judgment and order under appeal dated 28.11.2017 is quashed and set-aside; and it is held that relaxation of 5% marks to the Other Backward Class candidates brought into force by the amending Regulation of 2016 notified on 11.07.2016, cannot be made applicable to the subject recruitment, which was initiated vide advertisement dated 12.01.2015." ;


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