UMESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE matter has come up for final disposal today. Several opportunities have been given to the State to file reply. It is given out by Miss Ajwani, learned Assistant Government Advocate, that, inspite of several letters and telephonic messages, none has come to give instructions to draft the reply.

(2.) IT is submitted by Mr. Lodha, learned counsel, that applications were invited vide advertisement (Anx. 3) dated 16. 8. 91 from open market candidates for the posts of General Teachers (Main) and Physical Training Instructors Grade III. IT is further submitted that the petitioner filed his application alongwith necessary documents. A list of successful candidate, was put up on the Notice Bard, which is marked as Schedule 'a'. In this lists the name of the petitioner appears at S. No. 19, having obtained 55. 2% marks. IT is further submitted that, even though, the petitioner was expecting to gets appointment, being quite high in the merit list, but he received a letter dated 21. 12. 91 (Anx. 6), by which, appointment has been denied to him. IT is also submitted that it has been pointed out in the above-mentioned letter that since the petitioner did not have Mathematics as Compulsory subject in Secondary Examination, appointment cannot be given to him. IT is contended that appointments have been given upto S. No. 37, who have obtained 46. 32% marks, which is quite below the marks of the petitioner. IT is further contended that appointments are governed by the Rajasthan Educational Subordinate Service Rules, 1971 (for short, 'the Rules, 1971') and no such condition is prescribed therein.