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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN
Mukesh Chand Joshi S/o Ghanshyam Sharma – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant writ petition is preferred by petitioner with following prayer:
a) By Writ, order and direction in the nature thereof the action of the respondent of not considering improved marks of Secondary Examination 1997 and not giving appointment to the Petitioner may be quashed and set aside.
b) By an appropriate writ, order and direction in the nature there of the action of the respondents may be directed appointment to the petitioner as Teacher Grade-III in reference to the Advertisement No. 10/1998 with all consequential benefits including seniority at par with the similarly situated persons.
2. The petitioner, who appeared in person, has submitted that the controversy raised in the present petition stands resolved in view of the adjudication by a Coordinate Bench of this Hon’ble Court in the case of Mohan Singh Verma vs. State of Rajasthan, CWP No. 11452/2002, decided on 04.07.2015, and also in the case of Brijendra Kumar Jaiman and Ors. v. State of Rajasthan and Ors., 2008 (3) RLR 1, decided by a Division Bench.
3. The petitioner in person has further referred to the order dated 17.10.2014, passed by a Coordinate Bench of this Court in the case of Keshav Narayan Sharma v
Candidates must adhere to procedural timelines to seek judicial relief; failure to do so results in forfeiture of rights to claim benefits from subsequent legal decisions.
The main legal point established in the judgment is that improvement of marks can relate back to the date of the examination in which the score was improved, and should be considered for appointment ....
Hon'ble Court has held that regulations framed by Board to provide actual marks obtained in supplementary examination to be added in main examination are to be added for question of merit.
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
Candidates who fill incorrect marks that disadvantage them should not have their candidature cancelled, while those who gain an advantage through errors may face disqualification.
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