RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to allow the petitioner to appear in the Examination Scheduled to be held on 15-2-2005 in pursuance of the advertisement Annex. 1 dated 13-8-2004 for the post of Junior Instructors DPCS/copa and consider his candidature for the said post and also seeks quashing of the order Annex. 7 dated 29-1-2005.

(2.) I have heard learned counsel for the parties.

(3.) BY the order dated 14-2-2005, the respondents were directed to provisionally permit the petitioner to appear in the examination for the said post and in compliance of the order of this Court dated 14-2-2005, the petitioner appeared in the examination conducted by the respondent for the post of junior Instructor in pursuance of the advertisement Annx. 1; however, it was directed that the result of the examination shall not be declared until further orders of this Court. BY the order dated 23-2-2007, the learned Government Advocate was directed to file the result of the petitioner and in pursuance thereof, Mr. S. K. Vyas, Government Advocate appearing for the respondents, produced a sealed envelope containing the result of the petitioner and on being asked to open the envelope and show the result of the petitioner, the Government Advocate has shown the result of the examination. It appears that the petitioner secured 76 marks out of 100 marks and, thus, he has passed the said examination. The Government Advocate has been asked to re-seal the result in the envelope and sent the same to the concerned respondent. In this view of the matter, the writ petition deserves to be allowed.