T.S.THAKUR, C.NAGAPPAN
Manmohan Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
T.S. Thakur, J.:- Delay condoned.
2. Leave granted.
3. The fate of these appeals by special leave, turn on a true and correct understanding of an order passed by this Court in Kailash Chand Sharma v. State of Rajasthan and Ors. (2002) 6 SCC 562. This Court was, in that case examining whether award of bonus marks to candidates seeking appointment as primary school teachers under Zila Parishads in the State of Rajasthan based on the domicile of the candidates was legally permissible. A similar question was earlier examined and answered in the negative by a Full Bench of the High Court of Rajasthan in Deepak Kumar Suthar v. State of Rajasthan (1999) 2 Raj LR 692 [W.P. (C) No.1917 of 1995], which arose out of selection of Grade II and III teachers borne in the State cadre under the administrative control of the State Government. The High Court had in Deepak Kumar’s case (supra) held that although award of bonus marks was not constitutionally valid, no relief could be given to the writ- petitioners in that case as they did not stand a chance even if award of bonus marks to the
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