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2019 DIGILAW 1132 (RAJ)

Tapsvi Karan v. State of Rajasthan

2019-04-12

ARUN BHANSALI

body2019
JUDGMENT 1. Learned counsel for the petitioners submits that the issue raised in the present writ petition is squarely covered by judgment in the case of Altaf Hussain & Ors. v. State of Rajasthan & Ors. : S.B.C.W.P. No. 14569/2018, decided on 29.10.2018. 2. Learned counsel for the respondents though does not dispute that all the facts indicated in the writ petition are similar to that in the case of Altaf Hussain (supra), however, submissions have been made that against the judgment in the case of Altaf Hussain an appeal has been preferred by the respondents, which is yet to come up for admission before the Division Bench. 3. Merely because an appeal filed by the respondents against the order is pending consideration before the Division Bench, which is yet to come up for admission, the said reason is not sufficient enough to wait for the outcome of the appeal as the order was delivered on 29.10.2018, indefinitely. 4. In the case of Altaf Hussain (supra) this Court after dealing with the controversy involved, directed as under:- "Consequently, the writ petition is allowed. The action of the respondents in not recognizing the petitioners as Outstanding Sports Persons cannot be sustained and the same is, therefore, set aside. The respondents are directed to consider the certificates of the petitioners as qualifying for the category Outstanding Sports Persons and deal with their candidature in accordance with law and if on grant of marks based on the certificate, they stand in merit and are otherwise eligible as per the requirements of advertisement/procedure to be adopted by the respondents, accord them appointment on the post of Constable (GD) with all consequential benefits. Needful may be done by the respondents within a period of four weeks." 5. In view of the above fact situation, wherein, it is not in dispute that facts alleged in the present writ petition are similar to that in the case of Altaf Hussain (supra) the writ petition filed by the petitioners is allowed with similar direction as given in the case of Altaf Hussain (supra).