1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.6718/2002. : : Anil Kumar Goswami Vs. State of Rajasthan & Ors. : : Date of Order 30.3.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Aswani Chobisa for the petitioner. Mr. Pradeep Kalwania, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. 2. This writ petition has been filed aggrieved by orders dated 19.7.2002 passed by District Collector, Bundi and dated 25.5.2002 passed by Block Level Grievance Committee. 3. Shri Aswani Chobisa, learned counsel for the petitioner has submitted that petitioner applied for appointment on the post of Para Teacher and he already claimed the benefit of 1% bonus marks for certificate of scout, but the Gram Sabha illegally selected one Lokesh Kumar Sharma having 58.19% of marks whereas petitioner 2 having 57.63% of marks was ignored. It is contended that 1% bonus mark was not added, which is why the petitioner was incorrectly shown at Serial No.3. Petitioner submitted a complaint, which was examined by Block Elementary Education, Taleda who recommended that petitioner may be granted bonus mark and accordingly merit list be revised. The District Collector vide his order dated 19.7.2002 has however held that petitioner did not produce scout certificate before Gram Sabha and participated in the proceedings by putting his signature, therefore, he cannot be awarded one addition marks for scout certificate. Learned counsel submitted that District Collector has passed the order entirely on the basis of report submitted by the then Executive Officer, Zila Parishad. Neither the Executive Officer nor the District Collector provided any opportunity of hearing to petitioner. Even the copy of report submitted by CEO was also not supplied to petitioner. It is, therefore, prayed that writ petition be allowed. 3. Shri Pradeep Kalwania, learned Additional Government Counsel has opposed the writ petition and submitted that since petitioner did not submit scout certificate, therefore, the Gram Sabha could not be faulted 3 for not adding bonus marks. Merit list was prepared strictly on the basis of relevant record available with Gram Sabha. It is contended that Lokesh Kumar Sharma was appointed on account of fact that he had higher merit than the petitioner. 4. Having heard learned counsel for the parties and perused the material on record, I find that at one stage complaint of the petitioner was accepted by Block Elementary Education and if that be so, the District Collector while reversing the view taken by Block Elementary Education was required to provide an opportunity to petitioner. If any particular view has been taken by Collector, on the report submitted by CEO, he should also furnish a copy of the same to petitioner. The impugned order has thus been behind the back of petitioner and without opportunity of hearing to petitioner. Such order is, therefore, has been passed in violation of Article 14 & 16 of Constitution of India and principles of natural justice. In the result, this writ petition is allowed. The impugned order dated 19.7.2002 passed by District Collector, Bundi is quashed and set aside. The matter is remanded back to District Collector, Bundi, who shall provide opportunity of hearing to both petitioner as well as Lokesh Kumar and after 4 providing them copy of report submitted by CEO, shall take a final decision afresh. As a result of quashment of impugned order dated 19.7.2002, services of Lokesh Kumar would not be disturbed until a view is finally taken by District Collector. If eventually the District Collector holds that petitioner is entitled to weightage of 1% on account of scout certificate, respondents shall consider his case for appointment against additional vacancy with them. This writ petition is accordingly allowed. No order as to costs. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.39.