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2003 DIGILAW 393 (RAJ)

Vishambher Dayal Gupta v. State of Rajasthan

2003-03-12

ANIL DEV SINGH, H.R.PANWAR

body2003
JUDGMENT 1. (Oral)- By notification dated 1.10.1996, respondents invited applications for the post of Teacher Gr.Ill by 25.10.1996. In response thereto the appellant applied for the said post. It appears that the appellant had made an application to Mohan Lal Sukhadia University, Udaipur for re-evaluation of the marks obtained by him in the Bachelor of Education Examination. 1996. On re-evaluation, his marks were revised and to that effect a revised mark-sheet was issued to him by the University on 25.2.1997. The appellant did not transmit the fresh mark-sheet to the respondents. However, the appellant produced fresh mark-sheet before the Interviewing Board on 20.4.1997. According to the appellant, the revised mark-sheet ought to have been taken into consideration by the Interviewing Board and in case the revised mark-sheet was taken into consideration he would have been selected as Teacher Gr.Ill on the basis of his academic merit. Since the revised marks were not taken into consideration by the respondents, the candidature of the appellant was rejected. 2. The appellant through a representation dated 20.11.1997 requested the respondents to test his merit for the post of teacher on the basis of revised marks obtained by him in the Bachelor of Education Examination. Since the representation did not have the desired effect, the appellant filed a writ petition. The writ petition was dismissed by the learned Single Judge. 3. While rejecting the submission of the appellant that his candidature for the post ought to have been considered on the basis of his revised marks, the learned Single Judge observed as under : "Subsequent events resulting in improvement or otherwise in the status of an individual, cannot effect the rights which must crystalise on the last date of application." We do not find any error or illegality in the order passed by the learned Single Judge. The last date fixed by the respondents for submission of the application form complete in all respects needs to be strictly observed, otherwise there will be no end to filing of documents even upto the last stage which results in creating difficulties for the interviewing Board and the respondents. In case the candidates are allowed to submit the documents etc. even after the last date fixed for submission of admission forms, without restriction of time, the results of the interview will not acquire family. 4. In case the candidates are allowed to submit the documents etc. even after the last date fixed for submission of admission forms, without restriction of time, the results of the interview will not acquire family. 4. In a facts and circumstances of the case the order of the learned Single Judge does not warrant interference. Accordingly, the appeal fails and is here dismissed.Appeal Dismissed - Decision of Single Judge Held Correct. *******