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MUKESH KUMAR CHATURVEDI versus STATE & ORS

High Court of Rajasthan

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MUKESH KUMAR CHATURVEDI v STATE & ORS - CW Case No. 2958 of 1998 [2006] RD-RJ 3095 (5 December 2006)

/1/

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. CIVIL WRIT PETITION NO. 2958/1998

MUKESH KUMAR CHATURVEDI Vs. STATE OF RAJASTHAN & ORS.

Date: 05.12.2006.

HON'BLE MR. K.S. RATHORE, J.

Mr. Virendra Lodha for the petitioner.

Mr. B.S. Chhaba, Addl. GA for State.

****

The short controversy in this writ petition is that the petitioner was not awarded 15% bonus marks, whereas this fact is contrary to the record. The petitioner has been awarded 15% bonus marks and after adding the bonus marks, the petitioner does not find place in the merit list. Thus, he was not given appointment on the post of Teacher Grade-II (Maths).

Further the learned counsel for the petitioner submits that one Shri Rajendra Kumar Khandelwal, who was less meritorious than the petitioner has been given appointment. Shri Rajendra Kumar Khandelwal preferred a writ petition before this Court, which was registered as S.B. Civil Writ Petition No. 2163/1998, wherein vide judgment dated 08.12.98 the respondents were directed to consider the sports certificates forwarded by the petitioner alongwith application dated March 28, 1998 /2/ for awarding Bonus marks. Pursuant to the directions issued by this Court, bonus marks on the basis of sports certificates have been awarded to Shri Rajendra

Kumar Khandelwal and after adding the bonus marks for sports certificates, his seniority stood at No. 40-A.

Thus, the plea taken by the learned counsel for the petitioner that less meritorious person has been given appointment, is also contrary to the record and the petitioner is not able to secure requisite marks and not a single person having lesser merit in comparison to the petitioner has been given appointment on the post of Teacher Grade-II (Maths).

In the facts and circumstances of the case, I find no merit in the writ petition.

Consequently, the writ petition fails and the same is hereby dismissed. The interim order dated 05.08.98 granted by this Court also stands vacated.

(K.S. RATHORE),J. /KKC/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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