TRILOK CHAND SHARMA AND ORS. Vs. THE SECRETARY, PRIMARY AND SECONDARY EDUCATION AND ANR.
LAWS(RAJ)-1996-8-103
HIGH COURT OF RAJASTHAN
Decided on August 27,1996

Trilok Chand Sharma And Ors. Appellant
VERSUS
The Secretary, Primary And Secondary Education And Anr. Respondents

JUDGEMENT

N.L. Tibrewal, J. - (1.) It is contended by the learned counsel for the petitioners that in pursuance to the advertisement published in the Rajasthan patrika dated 11th May, 1995 for certain posts of Physical training Instructors (for short PTI) Gr. III, applications were invited. The petitioners were amongst the applicants.
(2.) The grievance of the petitioner is that there had been large scale irregularities in the appointments on the post of PTI in pursuance to the above advertisement. Some of the irregularities have been narrated in paras 8 and 9 of the petition. They relate to certificates/degrees of the bogus institutions or unrecognised institutions, as well as in relation to bonus marks for rural area and sports etc. All these questions cannot be properly examined by this Court as it requires investigation of facts. I have been informed that the appointments have been given to the candidates in pursuance to the advertisement.
(3.) After hearing the learned counsel for the petitioners and taking into consideration the facts and circumstances of the cases I think it just and proper to dispose the petition in the following terms : (i) that the petitioners shall make a representation within four weeks with a certified copy of this order before the Secretary, Government of Rajasthan, Primary and Secondary Education, Jaipur detailing out all such irregularities; (ii) that if any such representation is made in the specified time, the Secretary shall either himself or by nominating some responsible person get the irregularities examined within next eight weeks. The matter shall be decided by speaking order and if it is found that on basis of forged or unrecognised certificates or diplomas or degrees appointments have been given or bonus marks have been wrongly awarded then the follow up action shall be taken to cancel the appointments after giving proper opportunity of hearing to the aggrieved party; (iii) that in this process, if certain appointments are cancelled then appointments shall be made from the candidates in accordance to the merit list. The petition stands disposed of as indicated above. Petition Disposed of as per Directions.;


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