- (1.) The present petition has been filed by the petitioner seeking appointment to the post of Teacher, Grade-III against the post advertised in the year 1998.
(2.) In para 2 of the petition, it is mentioned that the appointments were finalized in the year 2003 after the judgment rendered by the Hon'ble Apex Court in the case of Kailash Chandra Sharma Vs. State, 2002 6 SCC 562, vide which, the issue with respect to awarding of bonus marks to the resident of district and residents of rural areas of the districts was held to be without any basis. Thereafter, the State Government was directed to re-determine the merit of the petitioners, who had filed various writ petitions before the High Court and to make appointment vis-a-vis the candidates appointed on or after 18.11.1999. The directions of the Hon'ble Apex Court read as under:- "46.... Accordingly, we direct: 1. The claims of the writ petitioners should be considered afresh in the light of this judgment vis a vis the candidates appointed on or after 18.11.1999 or those in the select list who are yet to be appointed. On such consideration, if those writ petitioners are found to have superior merit in case the bonus marks of 10% and/or 5% are excluded, they should be offered appointments if necessary, by displacing the candidates appointed on or after 18.11.1999. 2. The appointments made upto 17.11.1999 need not be reopened and reconsidered in the light of the law laid down in this judgment. 3. Writ Petition No.542/2000 filed in this Court under Article 32 is hereby dismissed as it was filed nearly one year after the judgment of the High Court and no explanation has been tendered for not approaching the High Court under Article 226 at an earlier point of time."
(3.) Learned counsel for the petitioner contends that in pursuance to the fresh consideration vis-a-vis the candidates appointed on or after 18.11.1999, one Ashok Kumar Gupta, who secured 56.61% marks was appointed vide order dated 25.1.2008, whereas, the petitioner was higher in merit securing 59.89% marks.;