- (1.) The appellant has challenged the judgment of the Single Bench dated 05.03.2003 whereby the writ petition preferred by him was dismissed in view of the judgment of this Court rendered in Duli Chand vs. The State of Rajasthan [S.B.Civil Writ Petition No.1401/2003, decided on 17.02.2003].
(2.) The petitioner (appellant herein) is stated to have applied for the post of Physical Teacher Grade-III on 03.05.1994 in response to the advertisement issued by the respondents on 11.04.1994. The petitioner was aggrieved by the policy decision taken by the respondents after issuance of advertisement with regard to 10% bonus marks on the basis of residence/domicile of the candidates. It was stated by the petitioner (appellant herein) that in case 10% bonus marks, which have been awarded to other candidates, are excluded from consideration, the petitioner (appellant herein) would have been in merit list for appointment.
(3.) Learned counsel for the appellant has contended that the case of the appellant was distinguishable from the judgment in the case of Duli Chand as the appellant had filed the writ petition in the year 1994 itself, and hence his petition could not have been dismissed merely on account of delay.;