The Single Special Benches dismissed the appeal, holding no error warranted interference. The appellant lacked merit for the post, and other candidates with higher marks remained available.
Appeal dismissed with no error found in the impugned judgment warranting interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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D.B. Special Appeal (W) No. 380/2014 Ishwar Singh Vs. State of Rajasthan & Ors.
Date of order : : : 06.4.2015
HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MISS JUSTICE JAISHREE THAKUR
Mr.Vikram Singh,for the appellant.
To question correctness of the judgment dated 15.1.2014 passed by the learned Single Bench, this petition for writ is preferred.
The allegation of the appellant is that the respondents employed Shri Pramod Bharti who secured 10 merit marks ignoring claim of the petitioner who secured 16 marks.
From perusal of the facts averred in the order impugned, it is apparent that cut of marks for appointment to the post of `Prabodhak' were 29 and the petitioner as well as Mr. Pramod Bharti both were not having marks equivalent or more than that. It is also pertinent to note that the respondents have
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already terminated Shri Pramod Bharti from services and he is continuing on the post concerned, only by the force of interim directions given by a Single Bench in a petition for writ preferred by him. The learned Single Bench while dismissing the petition for writ also noticed that even in the event of dismissal of the writ petition preferred by Shri Pramod Bharti, there are several other persons who are having more marks than the appellant petitioner, therefore, in no case he will get appointment on the post of `Probdhak'.
Looking to this factual background, we do not find any error with the order impugned that may warrant interference with the judgment impugned. The appeal is dismissed.
(JAISHREE THAKUR), J. (GOVIND MATHUR), J.
ns. 39
2 issues framed by the court
Whether the Single Bench erred in dismissing the writ petition regarding the petitioner's appointment to the post of `Prabodhak' despite superior merit in other selected candidates?
Whether interference with the impugned judgment is warranted given the factual background that the appellant would not be appointed due to lack of merit?
Ishwar Singh
State of Rajasthan & Ors.
GOVIND MATHUR
JAISHREE THAKUR
As recorded by the court registry
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