NIRMALJIT KAUR,J. - (1.) The petitioner has filed the present writ petition seeking quashing of the order of termination dated 02.11.2012 with the further prayer to reinstate him in service with all consequential benefits.
(2.) The facts necessary to be noticed for adjudication of this writ petition are that while making appointments to the post of Teacher Grade-III in pursuance to the advertisement issued in the year 1998, the State of Rajasthan provided certain guidelines for determination of merit. As per the said guidelines, bonus marks were provided to the persons belonging to the rural areas. The same was challenged by way of writ petition before this Court. The issue was referred to the Full Bench and the same came to be decided in the case of Deepak Kumar Suthar and anr. v. State of Rajasthan and ors. reported in 2000 (1) WLC (Raj.) 1. The Full Bench of this Court held that the grant of weightage in public employment on the basis of residence is discriminatory. The said judgment was challenged before the Apex Court by way of S.L.P. in the case of Kailash Chand Sharma v. State of Rajasthan and ors. reported in (2002) 6 SCC 562. The Apex Court affirmed the law laid down in the case of Deepak Kumar Suthar (supra). While upholding the view of the Full Bench, the Apex Court issued the following directions :- "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 of 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.) The petitioner in the present case applied for the said post and submitted his application form from Zila Parishad, Jaisalmer. He also submitted his representation on 24.04.2003. In pursuance to the same, he was appointed on the post of Teacher Grade-III vide Order dated 17.09.2003. However, he was issued the show cause notice as to why he should not be discontinued from service as he has concealed the fact that an application for intervention filed by him in the proceedings before the Apex Court in the case of Kailash Chand Sharma (supra) was not accepted. The petitioner challenged the show cause notice by way of Writ Petition No. 3386/2005 which was dismissed by the Division Bench of this Court vide Order and Judgment dated 26.09.2012 passed in D.B. Civil Writ Petition No. 3080/2011 (Rajveer Singh and ors. v. state of Rajasthan and ors.) and other connected petitions as under :- "Accordingly, the writ petitions are dismissed. Stay applications are also dismissed. However, we find that some serious kind of fraud has been played and there is misrepresentation of facts, let the State Government consider to initiate proceedings for criminal prosecution of the petitioner who committed fraud and misrepresentation of facts in accordance with law. A copy of this order be placed in all the files." ;