JUDGEMENT
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(1.) Counsel for the petitioner submits that the petitioner's candidature may also be considered as he has scored higher
marks than those candidates who have been appointed in terms of
the judgment passed by the Division Bench.
(2.) I have heard learned counsel for the petitioners. The judgment of Division Bench in D.B. Special Appeal
(Writ) No.908/2017, it has been held as under:
"Vide this order above mentioned appeals would be
disposed of as they involve common questions of law and fact.
(3.) Learned counsel for the appellants has submitted that the appellants had participated in the selection process for
Teacher Grade-III (Level-I and II) in pursuance to the
advertisement dated 24.02.2012. However, candidates who had
scored less marks than the appellants were selected. During the
pendency of the writ petition filed by the appellants, the results
were revised account of revision of answer keys. Consequently,
the candidates who were lower in merit than the appellants could
not make in the selection process on account of revised result.
However, the said candidates were retained in service by the
respondents in view of the directions given by this Court vide
order dated 18.11.2014 in Ramdhan Kumawat V/s State of
Rajasthan & another. The said decision of the learned Single
Judge was upheld by the Division Bench. Learned counsel for the
appellants have further submitted that a similar controversy arose
before this Court in D.B. Special Appeal(Writ) No.1178/2017 titled
as Rajesh Choudhary and others Versus State of Rajasthan and
another along with other connected appeals and vide order dated
03.11.2017, it was ordered that the unfilled posts be treated as vacant posts and the same be filled up in view of various
directions issued in judicial verdicts reproduced and considered in
the said order. Learned counsel has submitted that the similar
directions be issued in this case as were issued vide order dated
03.11.2017.;
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