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2019 DIGILAW 2484 (RAJ)

Meena Yadav v. State of Rajasthan

2019-09-16

MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA

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ORDER : 1. This contempt petition has been filed by Ms. Meena Yadav and Ms. Akhatar Parvin Gauri contending that their case would be covered by the directions issued by the Division Bench of this Court vide judgment dated 27.04.2018 rendered in Babal Devi Meena & Others Vs. State of Rajasthan & Others, (D.B. Special Appeal Writ No. 1666/2017 and other connected special appeals) whereby five appeals were decided and the respondents ought to have considered their case for grant of benefit of grace marks. Division Bench of this Court in Babal Devi Meena (supra), while deciding the aforesaid five appeals issued the following directions: "We find no reason not to allow the prayer made by the petitioners appellants for award of grace marks, as provided and if, any one comes in the merit and is otherwise eligible for appointment, to be recommended for appointment. The award of grace marks would obviously be in consonance to the guidelines prescribed by the official respondents. With the aforesaid directions, all the appeal are disposed of without causing interference in the order passed by the learned Single Judge on the issues decided therein but with a modification in regard to award of grace marks within frame work to the eligible candidates and to give them appointment, if find place in the merit." 2. The Division Bench of this Court observed that it did not find any reason not to allow the prayer made by the petitioners appellants therein for award of grade marks, as provided and if, any one comes in the merit and is otherwise eligible for appointment, to be recommended for appointment. 3. Learned counsel for the petitioners submitted that the aforesaid direction was general and that whoever was entitled for grace marks whether or not he/she was party to the aforesaid appeals, therefore, the same benefit should be granted to him/her. 4. If that be so, the petitioners should approach the respondents by making appropriate application/representation, which shall be considered and decided by the respondent within a period of eight weeks from the date of its making along with copy of this order. If the grievances of the petitioners are not remedied, they can, if they are so advised, maintain a writ petition but not a contempt petition because no specific direction qua them was issued in the aforesaid judgment. 5. With that liberty, contempt petition stands disposed of.