Rajasthan High Court - Jodhpur
Rajendra Kumar Katara & Ors vs State ( Education ) & Ors on 24 August, 2011
Author: Govind Mathur
Bench: Govind Mathur
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S.B. CIVIL WRIT PETITION NO. 7454/2011
Rajendra Kumar Katara & Ors. Vs. State of Raj. & Ors.
DATE OF ORDER :: 24.8.2011
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. P.R. Mehta, for the petitioner/s.
By this petition for writ, a direction is sought by the petitioner to allot bonus marks as required to achieve the cut of marks for being declared successful candidates in Teachers' Eligibility Test, 2011.
The allegation of the petitioner is that the respondents served OMR Sheets (Answer Sheets) to the petitioners at belated stage and that adversely effected possibilities of getting adequate marks by the petitioners.
The petitioners before approaching this Court have not made any demand before the competent authority i.e. conducting the test concerned. It is well settled that in normal course, a writ in the nature of mandamus cannot be issued without first making demand to the competent authority. In the instant matter, the petitioners have not adhered the condition precedent, required for a writ in the nature of mandamus, as such, I am not inclined to interfere with the matter at this stage. The petitioners may first approach to the competent authority for 2 redressal of their grievance and only after getting failed may that be by positive action on part of the competent authority or by ignorance, they may approach this Court under Article 226 of the Constitution of India.
[GOVIND MATHUR], J.
ns.
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