Rajasthan High Court - Jodhpur
Gaja Ram vs State (Medical & Health ) & Ors on 16 January, 2012
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.268/2012 (Gaja Ram Vs. State & Ors.) Date of Order :: 16.01.2012 PRESENT HON'BLE MR JUSTICE GOPAL KRISHAN VYAS Mr. Manish Patel, for the petitioner.
Heard learned counsel for the petitioner. In this case, the petitioner is claiming his right for appointment on the ground that he is meritorious than the candidate who has been selected by the Government on the post of Lab Technician.
Learned counsel for the petitioner has invited my attention towards his mark-sheet of Senior Secondary examination, 2003 in which he has secured 55.08% marks, so also the certificate of training acquired by him by Indian Medical Association, New Delhi in which he has secured 333.5 marks out 2 of 500 marks and submits that as per the marks obtained by the petitioner in the Senior Secondary Examination, 2003 and in the training acquired by him from Indian Medical Association, New Delhi, the petitioner has more marks than the candidate who has been selected by the respondents while preparing merit list in pursuance of the judgment by Single Bench in SBCWP No.14873/2010 (Kailash Chand Sharma Vs. State & Ors.) deciding on 28.3.2011 and the order passed in DB Civil Special Appeal No.5296/2011 (Naval Kishore Sharma Vs. State & Ors) decided on 19.10.2011.
The main grievance of the petitioner is that he is possessing all the requisite qualification and as per marks obtained by him he is higher in the merit in OBC category but respondents denied appointment to the petitioner. Learned counsel for the petitioner invited attention towards the notice given by him for demand of justice and submits that respondents are not redressing the grievance of the petitioner in the light of the judgment passed in case of Kailash Chandra Sharma (supra).
After hearing learned counsel for the petitioner, I deem it appropriate to grant liberty to the petitioner to file fresh representation and respondents are directed to decide the petitioner's representation as per marks obtained by him in the 3 qualification acquired by him from Board of Secondary Education and qualification of training from Indian Medical Association, New Delhi.
The writ petition is disposed of in above terms.
(Gopal Krishan Vyas), J.
arun