MOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order of learned Single Judge dated 21. 4. 1999 by which the writ petition filed by the appellant was dismissed.

(2.) THE facts of the case are that the appellant, who has to his credit the degree of B. A. , which he qualified in the year 1994 and also holds the degree of Bachelor of Physical Education (B. P. Ed.) since 1996 and was eligible to hold the post of Physical Education Teacher Gr. III, encadered under the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as `the Rules of 1971' ).

(3.) THE appellant-petitioner also urged that the respondents having decided to fill up 15 vacancies from general category and respondent No. 3, who is at serial No. 5, being prima facie found guilty of misconduct by producing forged certificates in support of his candidature has otherwise rendered himself ineligible to be appointed and, therefore, if 15 persons from the select list were to be given appointment, petitioner's case fell amongst the 15 candidates in order of merit after excluding the name of Kalu Singh - respondent No. 3. It was contended that because of name of respondent No. 5 was liable to be struck off from the merit list, he was otherwise entitled to be offered appointment amongst 15 candidates in general category in order of merit.