KAUSHAL KUMAR GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner is claiming directions to the respondents for considering his candidature for appointment on the post of Teacher Grade-Ill and to direct the respondents to fill up 80 vacancies remaining unfilled, which were advertised in the year 2004 in pursuance of advertisement Annexure-8.

(2.) The case of the petitioner that he was eligible to be appointed on the post of Teacher Grade-Ill, therefore, as per his qualification he applied in pursuance of the advertisement Annexure-8 and he secured 134 marks in the written examination conducted by R.P.S.C, therefore, he was declared successful in written examination and was called for interview. As per learned counsel for the petitioner, after appointment in accordance with the merit certains posts had fallen vacant due to non-joining of persons and for other reasons. The Commission has published cut off marks whereby the candidates who secured134 marks in the General male category were recommended for appointment and as per the petitioner, he has also secured 134 marks but his name was not recommended by the R.P.S.C. For the post of Teacher Grade-Ill. The case of the petitioner is that after recommending names by the R.P.S.C. against unfilled vacancies for recruitment in pursuance of advertisement Annexure-8, 80 vacancies remained unfilled due to correctness of certificates, so also, for other reasons, therefore, the name of the petitioner was also to be recommended and he was to be provided appointment on the post of Teacher Grade-Ill.

(3.) The petitioner has secured 134 marks and the name of person who secured 134 marks and born on 16.06.1970 was included in the merit list, therefore, his name was recommended and petitioner's name was not recommended because as per the criteria of R.P.S.C. that if two candidates secured equal marks then date of birth is required to be taken into account for the purpose of preparing merit.