CWP 7551/2009 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 7551/2009 Ashok Iyer Versus. State of Rajasthan and ors. DATE OF ORDER : 10/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sanjeev Prakash Sharma, for petitioner. Mr. NA Naqvi, AAG ] Mr. Sanjay Pareek ], for the respondents. Counsel for petitioner submits that the work of the petitioner was reported in his ACRs for the year 2006-2007 and 2007-2008 as 'very good' and 'excellent' respectively by the reporting officer but at a higher stage the same were down graded by the accepting authority as 'good' and below the 'bench mark' respectively without affording opportunity of hearing to the petitioner. In support of his submissions, counsel has placed reliance on judgment of the Apex Court reported in (2008)8 SCC 725, Dev Dutt Vs. Union Of India and submits that if he is considered taking note of the down graded remarks in the two respective ACRs referred to (supra), prejudice will cause to him and he will be deprived of his fair consideration. Counsel for respondents have not been able to controvert so far as the factual matrix of CWP 7551/2009 [2] the matter is concerned, however, submit that the overall record was considered by the Committee while making its recommendations to the Commission. After taking into consideration the facts and circumstances of the case, this Court considers it appropriate that the remarks, which were down graded in the two ACRs of the petitioner for the year 2006-2007 and 2007-2008 be ignored and his candidature may be considered afresh by the respondents for selection under the Indian Administrative Services (Appointment by Selection) Regulations, 1997. Both the parties jointly submit that the writ petition itself may be disposed of in above terms The writ petition is accordingly disposed with the observations made (supra) [AJAY RASTOGI], J. Raghu/7551-CW-2009--final.doc