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Judgment
Having heard learned counsel for the parties, we find no merit in the appeal. The decision of the Supreme Court reported as (2002) 6 SCC 562 : Kailash Chand Sharma Vs. State of Rajasthan And Ors. clearly indicated that the Supreme Court, balancing the competing claims, applied the principle of prospective overruling. Finding that grant of 10% & 5% bonus marks to some candidates was not in accordance with law, the Supreme Court did not upset the appointments of the said persons who were the beneficiaries of the bonus marks. Relief granted to the petitioners before the Supreme Court was to exclude the bonus marks granted and then consider whether the petitioners before the Supreme Court would be higher in merit vis-a-vis such candidates who entered the merit list on the strength of the bonus
marks. The Supreme Court categorically held that the appointments made upto November 17, 1999 would not be re-opended and re-considered. In other words, if the petitioners before the Supreme Court came within the merit list as per the directions issued by the Supreme Court, candidates who would be displaced would be the once appointed on or after November 18,
1999.
In light of the decision in Kailash Chand Sharma (supra), further litigation ensued and the matter reached the Supreme Court in a batch of civil appeals, leading matter being Civil Appeal No.4294 of 2014 : Manmohan Sharma Vs. State of Rajasthan & Ors.
In view of the said decision, quietus has to be given to the lis.
This is the ethos of the impugned-order and thus we dismiss the writ appeal without there being any order as to costs.