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2022 Supreme(Raj) 2338

MANINDRA MOHAN SHRIVASTAVA, BIRENDRA KUMAR
Tikam Chand Verma – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Suman Sharma, Advocate., for the Appellant
Ganesh Parihar, Additional Advocate General, Sameer Sharma and Shikha Parnami, Advocates., for the Respondents

JUDGMENT

Manindra Mohan Shrivastava, J. - By Writ Petition No. 7316/2017 under Article 226 of the Constitution of India, the petitioners have challenged the constitutional validity of proviso to Rule 273 of the Rajasthan Panchayati Raj Rules, 1996, substituted by the Rajasthan Panchayanti Raj (Amendment) Rules, 2013 vide Notification dated 29.01.2013 (Annexure-2).

2. Petitioners have prayed for following reliefs:-

      "a) By an appropriate writ, order and direction in the nature thereof the amended provision of Rule 273 of the Rajasthan Panchayati Raj Rules 1996 amended vide Notification dated 29.01.2013 may kindly be held ultra-virus to the Constitution of India, illegal, arbitrary and the same may kindly be quashed and set aside.

      b) By an appropriate writ order and direction alternatively the respondents may kindly be directed to further amend the provision of Rule 273 of the Rajasthan Panchayati Raj Rules 1996 and include the posts on which the petitioners have worked in Mid-Day Meal Scheme in the Rule 273 of the Rules 1996.

      c) By an appropriate writ order and direction the respondents may be directed to give benefit of bonus marks to the petitioners on their respective posts under Mid-d

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