D.B. CIVIL SPECIAL APPEAL NO.1122/2008 Chaina Ram & Ors. Vs State of Raj. & Ors. DATE OF ORDER : 9.9.2009 HON'BLE CHIEF JUSTICE SHRI JAGDISH BHALLA HON'BLE JUSTICE SHRI PRAKASH TATIA Mr. RS Choudary, for the appellant. Mr. KK Bissa ] Mr. KL Parjapat ], for the respondents. <><><> Heard learned counsel for the parties. The controversy involved in this appeal is very short i.e., with regard to allotment of marks as BPL Candidate. The petitioner has mentioned in his application that he is belonging to BPL category, however, no document has been filed in support of his contention. On the other hand, the private respondent has not made any such mention in his application form, but when objections were called from the private respondent then he placed on record the document indicating that he belongs to BPL category and accordingly, the marks regarding BPL category was granted to both, petitioner as well as private respondent. Thereafter, the petitioner claimed that he had diploma course in Computer and claimed 2 marks. The same was not granted to him for the reasons indicated in the impugned judgment. The petitioner was awarded marks for BPL category inspite of the fact that there is no documentary evidence in support of his contention and the private respondent awarded marks on the basis of the documents furnished by the private respondent. Learned counsel for the appellant could not point out any further error in the judgment passed by the learned Single Judge. Therefore, we are in agreement with the findings of the learned Single Judge. Hence, the special appeal fails and is accordingly dismissed. At this stage, learned counsel for the appellant prays that cost imposed by learned Single Judge may be set aside. With all fairness, learned counsel for the respondents have no objection if the cost is set aside. Accordingly, in the fitness of things, the order imposing cost by the learned Single Judge is set aside. [PRAKASH TATIA],J. [JAGDISH BHALLA], CJ. cpgoyal/-