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 conten