GHANSHYAM Vs. SECRETARY, MINISTRY OF EDUCATION, GOVERNMENT OF RAJASTHAN
LAWS(RAJ)-2013-7-42
HIGH COURT OF RAJASTHAN
Decided on July 12,2013

GHANSHYAM Appellant
VERSUS
Secretary, Ministry Of Education, Government Of Rajasthan Respondents

JUDGEMENT

- (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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