Dinesh Chand Sharma Son of Shri Jugal Kishore Sharma vs The State of Rajasthan

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.