SHAHBAZ KHAN KAYAMKHANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The present writ petition has been filed with the following prayers :-

(2.) Learned counsel for the petitioner submits that the petitioner has secured 87.2475 marks in the examination conducted for direct recruitment on the post of Basic Computer Instructor and Senior Computer Instructor, 2022. Learned counsel for the petitioner submits that despite the petitioner having higher cut off marks than the last candidate who has been given appointment, he has not been extended the benefit of giving appointment. He, therefore, prays that the writ petition may be allowed and the respondents may be directed to offer appointment to the petitioner on the post of Basic Computer Instructor and Senior Computer Instructor.

(3.) Per contra, learned counsel for the respondent/Rajasthan Staff Selection Board submits that the petitioner has not secured the minimum 40% marks in paper second, therefore, he has failed to clear the examination. Thus, the recommendation for appointment of the petitioner has not been made by the Board. Learned counsel submits that as per Rule 28 of the Rajasthan Educational (Staff and Subordinate) Service Rules, 2021 (hereinafter referred to as 'the Rules of 2021), a person is required to have 40% marks in each paper for recommendation to be made by the Board.