LAWS(MPH)-2012-9-433

ABDUL GAFUR Vs. THE COLLECTOR, RAJGARH & ORS.

Decided On September 14, 2012
ABDUL GAFUR Appellant
V/S
The Collector, Rajgarh And Ors. Respondents

JUDGEMENT

(1.) THE petitioner before this Court has filed this present petition being aggrieved by appointment of respondent No. 3 and 4 on the post of Samvida Shala Shikshak Grade -III. The petitioner in response to some advertisement which was issued in the year 2006 submitted an application and has received 42.36% marks. The last person appointed has received 47.4% marks.

(2.) A reply has been filed in the matter and the reply as well as documents reveal that the petitioner has received 42.36 marks and the persons who were appointed have received 47.4% marks and, therefore, the petitioner was ousted on merits. It has been brought to the notice of this Court by Learned Counsel for the petitioner, that respondent No. 3 and 4 have subsequently resigned and, therefore, the case of the petitioner should be considered.

(3.) THIS Court is of the considered opinion, that the petitioner cannot be considered in respect of an advertisement which was published in the year 2006. However, in case any fresh advertisement is issued by respondents and if the petitioner fulfills the terms and conditions of the advertisement as well as the terms and conditions of the Recruitment Rules, his case shall certainly be considered in accordance with law. With the aforesaid, the writ petition is disposed of. No orders as to costs.