YOGESH CHOUDHARY Vs. RAJASTHAN PUBLIC SERVICE COMMISSION AJMER

JUDGEMENT

(1.) THIS Special Appeal is directed against the judgment dated 30. 09. 1994 passed by the learned single Judge in S. B. Civil Writ Petition No. 2596/94 dismissing the petition of the appellant-petitioner.

(2.) THE facts giving rise to the present appeal as unfolded in the writ petitoin briefly stated are as under:

(3.) MR. P. S. Asopa, learned counsel appearing on behalf of the appellant-petitioner contended that in the advertisement published in Rojgar Sandesh elated 15. 04. 1993 a note was given which according to him does not contain any condition that the applicant should possess B. Sc. degree on the last date fixed for submission of the application form. The note appended to the advertisement published in Rojgar Sandesh dated 15. 04. 1993, runs as under: uksv % vkosnu i= vk;ksx dk;kzy; esa izkir djus ds vafre fnukad rd vkosnd Lukrd ijh{kk mrrh. kz gksus ij vkosnd dk vkosnu i= 'ks{kf. kd ;ksx;rk ds vhkko esa vlohd`r le> k tkosxka** He further contended that since the appellant-petitioner had obtained the degree of B. Sc. before the examination was held in view of the note appended to the advertisement published in Rojgar Sandesh dated 15. 04. 1993 he was entitled to be interviewed and the action of the respondent in not permitting the appellant-petitioner to appear in the interview was wholly arbitrary. On the other hand MR. Ashok Parihar, learned counsel appearing on behalf of the respondent-RPSC has invited our attention to the note appended in the Notification dated 29. 3. 93 issued by the Rajasthan Public Service Commission, Ajmer a copy of which has been filed in the writ petition as Annexure R/1. In order to appreciate the controversy we would like to mention the aforesaid Notification dated 29. 3. 93 also as under: ***