High CourtsSingle Bench(2009) 04 RAJ CK 0054

Smt. Abha Gupta vs State of Rajasthan and Others

Rajasthan High Court · Decided on 20 April 2009

HON’BLE JUDGES
Narendra Kumar Jain, J
RESULT
Dismissed

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Judgment

8 paragraphs · 387 words

Narendra Kumar Jain, J.—Admit.

2.

At the request of learned Counsel for both the parties, the final arguments were heard in the case and the writ petition is being disposed of finally.

3.

The petitioner preferred this writ petition with the prayer to issue an appropriate writ, order or direction to the respondents that petitioner''s name be placed in the merit list of Senior Teacher (Science) after adding 10 Bonus Marks to her percentage.

4.

This Court vide its order dated 10th October, 2003 issued notice to the respondents as to why the writ petition may not be admitted and meanwhile passed an interim order on the stay application directing the respondents to consider the application of the petitioner after adding 10 marks for bonafide resident of Rajasthan provisionally for the post of Senior Teacher as applied by the petitioner. The stay order dated 10th October, 2003 is reproduced as under:

Counsel for the petitioner submits that apart from father of petitioner been bonafide resident of Rajasthan, even the husband of the petitioner is also bonafide resident of Rajasthan. As such, the petitioner is entitled for 10 marks as well being bonafide resident of Rajasthan. Issue notice to the stay application in the same manner. In the meanwhile, respondents may consider the application of the petitioner after adding 10 marks for bonafide resident of Rajasthan provisionally for the post of Senior Teacher as applied by the petitioner.

5.

The respondents have filed their reply to the writ petition and in para 9 thereof, they have mentioned that petitioner has already been awarded 10 bonus marks, as such the grievance of the petitioner does not survive any more and stands resolved. The respondents in para 6 of the reply have also mentioned that after awarding 10 bonus marks to petitioner, the merit of the petitioner has been amended to 69A in General category.

6.

The above reply to the writ petition was filed way back on 9th July, 2004, but till date no rejoinder to the aforesaid facts has been filed by the petitioner, therefore, it is assumed that the facts mentioned in the reply to the writ petition are correct and in view of those facts, the writ petition has become infructuous.

7.

In view of above discussions, the writ petition is dismissed as having become infructuous.