RAMESH CHAND Vs. STATE
LAWS(RAJ)-2018-3-105
HIGH COURT OF RAJASTHAN
Decided on March 21,2018

RAMESH CHAND Appellant
VERSUS
STATE Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI, J. - (1.) Petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs:- "1. By an appropriate writ, order or direction, the revised result dated 13.05.2015 and termination order dated 16.10.2015 and 23.10.2015 may kindly be quashed and set aside. 2. By an appropriate writ, order or direction, the original appointment order dated 15.01.2015 in pursuance of the advertisement year 2013, of the petitioner on the post of Teahcer Grade-II (Social Science) may kindly be protected on the basis of the then merit with all consequential benefits. 3. By an appropriate writ order or direction, the respondents may kindly be directed to permit the petitioner to serve continue on the post of Teacher Grade II Social Science as per his appointment order dated 15.01.2015 with all consequential benefits. 4. By an appropriate writ, order or direction, the respondent may kindly be directed to continue the service of the petitioner on the post of Teacher Grade II (Social Science) in pursuance of appointment order dated 15.01.2015 with all consequential benefits. 5. Any other appropriate order, which deemed fit in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
(2.) Brief facts as noticed by this Court are that the respondents invited applications for recruitment on the post of Teacher Grade-II on 02.08.2013. The petitioner being eligible, applied for being appointed as Teacher Grade-II in pursuance of the advertisement in question and secured 307.14 marks, and the cut-off were also same i.e. 307.14 marks, and his date of birth of was 21.08.1998.
(3.) After undergoing the verification process and on culmination of the selection process, the petitioner was given appointment order dated 15.01.2015, which is Annexure-7 of the writ petition, and the petitioner in pursuance of the said order, joined his duties as Teacher Grade-II in the subject of Social Science with the respondents. However, the result was reshuffled and earlier the cut-off marks i.e. 307.14 marks, were changed on account of the reshuffling of the result due to the answers of certain question being revised, and therefore, the respondents issued a termination order against the petitioner dated 16.10.2015, even when the petitioner was rendering his services at Swami Vivekanand, Government Model School, Jaisalmer. Thereafter, the petitioner approached this Court and this Court passed the following interim order in favour of the petitioner on 01.12.2015 :- "The learned counsel Mr. BL Bhati is seeking time to file reply. He is permitted to file reply within one weeks. In the meantime, the effect and operation of the order dated 16.10.2015 (Anexure-13) and subsequent order dated 23.10.2015 (Annexure-14) shall remain stayed. The respondents are directed to allow the petitioner to work on the post upon which he was working prior to passing of the impugned orders. Put upon 07.12.2015." ;


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