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S.B. Civil Writ Petition No.3909/2010.
Shrawan Kumar.
vs.
State of Rajasthan & Ors.
Date : 19.4.2010
HON'BLE MR. PRAKASH TATIA, J.
Mr.Pradeep Choudhary, for the petitioner.
– – – – –
Heard learned counsel for the petitioner.
The petitioner is aggrieved against the order
dated 29.3.2010 by which the respondent no.6 has
been selected on the basis of having more marks in
graduation than the marks obtained by the
petitioner and he has been given appointment on
the post of Rojgar Sahayak.
Learned counsel for the petitioner submits
that as per the requirements prescribed in
Annexure-2 dated 20.8.2007, the comparative merit
could have been considered only if the subject
would have been Commerce in graduation. It is also
submitted that the order impugned has been passed
by the authority who had no jurisdiction
prescribed in Annex.P/2 dated 20.8.2007.
It is admitted case of the petitioner that the
respondent no.6 had more marks in graduation than
the marks obtained by the petitioner and the
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petitioner’s contention that the comparative marks
could have been considered by the authority only
when the subject would have been commerce has no
basis because of the plain and simple reason that
while considering the merits if all other facts
are similar than the marks obtained by the
candidates are required to be examined to judge
the suitability. Since the petitioner is not
eligible, therefore, I do not find any reason to
interfere in the order dated 29.3.2010 only on
technical grounds and particularly because of the
reason that this Court in petitioner’s writ
petition no.4642/2009 directed the respondents to
consider the case afresh and the authority who
passed the order on 29.3.2010 is also party in the
writ petition and connected with the project
wherein appointment was given.
In view of the above, this writ petition,
having no merits, is hereby dismissed.
(PRAKASH TATIA), J.
S.Phophaliya
