AJMAL KHAN Vs. STATE PANCHAYATI RAJASTHAN

JUDGEMENT

(1.) Present writ petition is filed under Article 226 of the Constitution of India invoking Article 14, 16 and 21 of the Constitution of India in the matter of advertisement dtd. 11/8/2013 issued by Zila Parishad for recruitment for the post of Teacher Grade-III by which 6 posts for subject Urdu were advertised out of which 4 were meant for open category and two were for reserved category. One seat out of the two was earmarked for OBC category.

(2.) Present writ petition is filed with the following prayer which reads as under:-

(3.) Learned counsel for the petitioner submits that the petitioner has secured cut off marks as per Annexure-7 i.e. 84.77. He submits that he took admission in B.A. prior to issuance of notification of NCTE dtd. 27/9/2007 and 31/8/2009 and he completed B.A. in the year 2005 therefore the condition No.7 of Advertisement dtd. 11/8/2013 of having 50% marks in gruduation is not applicable on petitioner and he should be considered even though he has secured less than 45% marks in the graduation. He has further relied upon judgment of Division Bench of this court in DBCWP No.3964/2011 titled as Sushil Sompura v. State of Rajasthan and Smt. Raj Rani v. State of Rajasthan in SBCWP No.10182/2012 as wherein appointment was given on the post of Teacher Grade-III, Level II in the similar situation.