JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Interpretation of a decision of this Court in Kailash Chand Sharma v. State of Rajasthan and others,1 [(2002) 6 SCC 562] is in question in this appeal which arises out of a judgment and order dated 14th February, 2006 passed by the High Court of Judicature of Rajasthan. Jaipur Bench, Jaipur in D.B. Civil Special Appeal (W) No. 147 of 2006.

3. Indisputably an advertisement was issued on 9th August, 1998 for filling up 10 posts of Physical Education Teacher Grade-III. 10 Bonus marks were to be granted for candidates who were resident of a particular district, while 5 bonus marks to the candidates belonging to rural areas.

4. Validity and/or legality of the said provision for grant of bonus marks was questioned before the said High Court by filing writ petition in the year 1999. The question was referred to a Full Bench. A Full Bench of the said Court by a judgment and order dated 18th November, 1999 held the said provision to be unconstitutional.

5. Upon declaration of the said law by the Full Bench of the High Court, appellants herein filed two writ petitions being No. 1818/2001 and 1802/2001 before the said High Court inter alia contending that in view of the said Full Bench decision, their position would be at serial Nos. 6 and 9 in the merit list. The said writ petitions remained pending.

6. This Court in Kailash Chand Sharma (supra) while upholding the decision of the Full Bench to the effect that grant of such bonus marks was unconstitutional, in exercise of its jurisdiction under Article 142 of the Constitution of India, thought it fit and proper to invoke the doctrine of prospective over-ruling, stating :

“The appointments made up to 17.11.1999 need not be reopened and reconsidered in the light of the law laid down in this judgment”.

7. Allegedly the State of Rajasthan appointed Bhanwar Lal Gosar (Mothsar) by an order dated 12th June, 2003. Two writ petitions were filed by the appellants. However, in the meanwhile one Duli Chand had filed a writ application being S.B. Civil Writ Petition No.1401 of 2003 before the High Court. A learned Single Judge of the High Court dismissed the said writ petition on 17th February, 2003 opining that the same was barred by delay and latches. Following Duli Chand (supra) the appellants’ writ applications (Civil Writ Petition Nos. 5510/2003; 1818/2001 and 1802/2002) were also dismissed by the same learned Judge by an order dated 5th December, 2003.

8. Aggrieved by and dissatisfied therewith, the appellants filed an intra-court appeal being D.B. Special Appeal (W) No. 103 of 2004 which was disposed of by a Division Bench of the High Court giving liberty to the appellants to make a representation to the concerned authority within ten days with a direction to the authority to dispose of the same within three months thereafter.

9. Appellants submitted their representations on 10th July, 2005 which were rejected by the respondents by an order dated 30th September, 2005.

10. Appellants challenged the said order before the High Court by filing yet another writ application being S.B. Civil Writ Petition No.9253 of 2005, which was dismissed by a learned Single Judge of the said Court following the order passed in Duli Chand (supra).

11. Appellants preferred an intra court appeal thereagainst. A Division Bench of the High Court, however, by reason of the impugned judgment and order refused to interfere in the matter on the premise that the issue stands squarely covered by the decision of this Court in Kailash Chand Sharma (supra).

12. Mr. M.R. Calla, learned senior counsel appearing on behalf of the appellants, would submit :-

(i) The Division Bench of the High Court misread and misinterpreted the decision of this Court in Kailash Chand Sharma (supra) in so far as it failed to take into consideration that the same covered the cases of only those employees who were appointed on or before 18th November, 1999.

(ii) Bhanwar Lal Mothsar having been appointe