OM PRAKASH Vs. THE ZILA PARISHAD, CHITTORGARH & ORS.
LAWS(RAJ)-2015-9-176
HIGH COURT OF RAJASTHAN
Decided on September 17,2015

OM PRAKASH Appellant
VERSUS
The Zila Parishad, Chittorgarh And Ors. Respondents

JUDGEMENT

- (1.) By advertisement No.01/1995 the District Establishment Committee, Zila Parishad, Chittorgarh invited applications from eligible candidates to be considered for appointment as Teacher Gr.III. The petitioner in pursuance thereto, submitted an application and faced the process of selection. Though, he secured 76.68 merit marks, appointment was not accorded to him, hence, he approached this Court by way of filing a petition for writ with assertion that the respondents have given appointment to Shri Jagdish Chandra Jat and Shri Vidhotama Sharma (respondents no.2 and 3 respectively) despite having less merit marks.
(2.) A reply to the writ petition was filed on behalf of Appointing Authority with assertion that in view of Government of Rajasthan circular dated 22.12.1995, the appellant-petitioner was not eligible to face the process of selection, being having a Basic School Teaching Certificate (BSTC) from State other than the State of Rajasthan.
(3.) The learned Single Bench by the judgment impugned dated 05.9.2013 dismissed the writ petition by arriving at a conclusion that non-availability of the facts with regard to the marks obtained by respondents no.2 and 3 dis-entitles the petitioner to get his merit compared with them. According to the learned Single Bench, the assertion that the respondents no.2 and 3 secured less than the petitioner was not sufficient to be accepted ipse-dixit.;


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