JUDGEMENT
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(1.) THIS review petition is preferred to review the
judgment dated 05.01.2007 passed in D.B. Civil Special
Appeal (Writ) No.937/2006.
(2.) BY the judgment aforesaid, the Division Bench accepted the special appeal preferred by the State of Rajasthan
giving challenge to the judgment dated 17.03.2005 passed in
S.B. Civil Writ Petition No.5452/2003.
Briefly stated, facts of the case are that the respondents under an advertisement dated 28.07.2003 invited
applications from eligible candidates to be considered for
appointment as Physical Training Instructor. The process of
selection was prescribed by the respondents under the
notifications dated 17.01.1998 and 21.01.1998. As per the
notifications referred above, an incumbent participating in
National Level Sports Meet was entitled to have 15 bonus
marks while getting his candidature considered for
appointment as Physical Training Instructor. The persons
participating in the State Level Tournaments were entitled to
have 10 bonus marks. The Inter Zone University/Inter
University tournaments under the notifications aforesaid were
shown as National Level Tournaments. The respondents did
not allow 15 bonus marks to the petitioner though he
participated in an Inter University Tournament, thus, he
preferred a petitioner for writ before this court and that came
to be accepted under the judgment dated 17.03.2005.
(3.) SUFFICE to mention that while contesting the writ petition, the stand of the respondents was that the criteria for
selection was modified under a notification dated 31.07.2003
and as per the amended criteria, a person participating in Inter
University Tournament was entitled only to have 10 bonus
marks and those were given to the petitioner.;
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