1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4479/02 Shashi Kant Upadhyay vs. State & Ors. Date of order : 9/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Virendra Lodha ) Shri Vinod Goyal ) for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition was filed by the petitioner aggrieved by his non selection for appointment on the post of Gram Sevak cum Secretary and with the prayer that the select list be quashed and set aside and the respondents be directed to consider his case for appointment. In the originally filed writ petition, petitioner alleged that less meritorious persons were given appointment than that of the petitioner. Subsequently, petitioner has filed additional affidavit asserting the claim of six person who according to him were less meritorious, but they were appointed and the petitioner was not. The respondents have clarified this 2 position in their reply. It has been contended that originally when the merit list was prepared, the candidates were given bonus marks to the extent of 10% for bona fide resident of Rajasthan, 10% for the bona fide resident of District, in which the selection was made and 5% if the candidate belongs to rural area. Subsequently, however, in view of the judgement of the Supreme Court dated 30.7.2002, the bonus marks were completely excluded. The respondents in reply to the writ petition have reproduced both the merit list which was prepared before and after the exclusion of the bonus marks and the final select list prepared on that basis contained 13 names, which clearly show that the last candidate selected in the general category had secured 256.50 marks, who was the petitioner himself. In the merit list of general candidate, name of the petitioner was shown at S.No.13, whereas the respondents appointed only 6 candidates in general male category and 2 female in general female category. In this manner, the petitioner has not been able to show that which of the 3 candidates in the select list were such who were appointed even though they had lesser merit. I do not find any merit in this writ petition. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/