- (1.) HEARD the learned counsel for the parties. For the reasons mentioned in the application, duly supported by an affidavit, delay of 61 days in filing the appeal is condoned. Application under Section 5 of the Limitation Act stands allowed.
(2.) LEARNED counsel for the parties agreed that identical special appeal i.e. D.B. Civil Special Appeal (Writ) No. 1670/2012 -State of Rajasthan and Anr. Vs. Kaushal Kishore Nagar, has been dismissed by the co -ordinate Division Bench of this Court vide order dated 14.08.2013, on the basis of decision of Division Bench of this Court at Principal Seat at Jodhpur in State of Rajasthan and Anr. Vs. Datar Singh (SAW No. 875/2012), dated 31.07.2013, therefore, this appeal may also be dismissed for the same reasons which have been assigned in the cases of Datar Singh (supra) and Kaushal Kishore Nagar (supra). The order dated 14.08.2013 passed in the case of Kaushal Kishore Nagar (supra), is reproduced as under: - Respondent, appears in person, submits that he is a member of OBC and certificates were duly annexed with the writ petition, however, while submitting his initial application form due to inadvertence in place of OBC, he mentioned SBC (Special Backward Class). However, the opportunity was afforded for making correction but that was not extended to him which compelled him to approach this court by filing instant writ petition and the ld. Single Judge vide order dt. 19.09.2012 permitted the respondent -applicant to make representation for necessary correction, as prayed for but that came to be challenged by filing instant Special Appeal by the State of Rajasthan and Zila Parishad, Jhalawar jointly. He further submits that the controversy which has been decided by the ld. Single Judge further came to be examined & decided by the Division Bench of this Court before the main Seat at Jodhpur in the bunch of Special Appeals [SAW No. 875/2012 (State of Raj. & Anr. Vs. Datar Singh)] vide judgment dt. 31.07.2013 and in the light of the judgment of Division Bench at least the present Special Appeal preferred by the State of Rajasthan deserves to be dismissed. It has been informed to this court that in the OBC Category of which respondent is the applicant, he secured 129.58 marks whereas the candidates who secured 127.53 marks are considered for appointment on the post of Teacher Gr. III pursuant to the advertisement dt. 24.02.2012. We have gone through the judgment of the Coordinate Bench of this court and we do find substance in what has been urged by the respondent. The judgment relates to the same advertisement dt. 24.02.2012 and what is being observed by the ld. Single Judge in the order impugned has been examined and affirmed by the Division Bench, as referred to at page -17 of the judgment placed before us for perusal, reference of which has been made supra. We consider it appropriate to quote the operative portion of the judgment which is relevant for the present purpose, ad infra: - In view of above, all these special appeals are hereby dismissed. It is however made clear that opportunity shall be granted for rectification of error only as per directions given by the learned Single Judge; and, further, the appointments already made shall not be disturbed and appointments shall be made in pursuance of the directions given by the learned Single Judge as per availability of posts. Consequently, D.B. Writ Contempt No. 181/2013, Sunita Vishnoi Vs. Smt. Arpana Arora and Another is hereby disposed of. Notices of contempt, if any, stand discharged. There shall however be no order as to costs. In the light of the judgment of Coordinate Bench, referred to supra, in our considered opinion, the Special Appeal preferred by the State of Rajasthan deserves rejection and the same is accordingly dismissed. The interim order, if any, stands vacated. However, we consider it appropriate to direct the State of Rajasthan and Zila Parishad, Jhalawar to comply with the order of the ld. Single Judge and take appropriate action pursuant thereto within a period of one month.
(3.) IN view of the joint statement of the learned counsel for the parties, the present special appeal is dismissed for the same reasons, which have been assigned in the cases of Datar Singh (supra) and Kaushal Kishore Nagar (supra). Stay Application No. 543/2013 also stands dismissed.;