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KULDEEP SINGH POONIA versus STATE & ORS

High Court of Rajasthan

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KULDEEP SINGH POONIA v STATE & ORS - CW Case No. 5983 of 2003 [2006] RD-RJ 518 (28 March 2006)

S.B. CIVIL WRIT PETITION NO.5983/2003

DATE OF ORDER: 28.3.2006

HON'BLE MR.R.C. GANDHI, J.

Mr. K.S. Gill, for the petitioner/s

Ms. R.R.Kanwar, Addl.G.A., for the respondent/s

The petitioner seeks a direction to the respondents to call and interview him with a view to participate in the selection process for the post of Teacher as the petitioner is appearing at Sr.No.130, of the merit list. He further seeks that respondents be directed to award him 15 bonus marks as he is possessed of the National Sports Certificate and his merit be considered after adding the bonus marks. The respondents in the preliminary objection has stated in their reply as under :-

"That in the first instance, it is submitted that by the instant writ petition, the petitioner has claimed 15 bonus marks for sports certificate and consideration of his candidature by issuing fresh interview letter. In this regard, it is submitted that as per the version of the petitioner, he has secured 75.61% marks in OBC category after adding 15 bonus marks, whereas the last cut off marks of OBC category for appointment is 79.7%. Thus, even if this writ petition is allowed, then petitioner would not be granted appointment as he is less meritorious. Therefore, the writ petition has in fact become infructuous and the same is liable to be dismissed."

The learned counsel for the petitioner has not rebutted the factual position as stated by the respondents, therefore, there is no merit in this petition.

Accordingly, the writ petition is dismissed.

(R.C. Gandhi), J. rm/


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