JAGDISH PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 07. 11. 2008 passed in Writ Petition No. 3143/2002, by the learned Single Judge, whereby the writ petition has been dismissed.

(2.) THE appellant was selected and appointed as para Teacher but before he could join, his appointment was cancelled vide order dated 15. 04. 2002 on the ground that he is over aged. He challenged the said order before the learned Single judge on the ground that in the advertisementnotification, there is no upper age limit, therefore, appointment of the petitioner (appellant herein) would not have been withdrawn or cancelled.

(3.) THE appellant has relied upon the Circular dated 12. 04. 2002, wherein no age has been prescribed, whereas the respondents, in reply, have relied upon the Circular dated 10. 04. 2002, wherein age prescribed is similar to the age of Govt. Teachers i. e. between 18 and 33 years. Submission of the learned counsel for the appellant is that since there was no upper age limit prescribed in the notification, therefore, he is entitled to hold the post. In support of his plea, he has relied upon the judgment of the Supreme Court delivered in case title N. T. Bevin Katti, etc. Vs. Karnataka Public Service Commission and others, reported in AIR 1990 SC 1233. We have perused the judgment. The dispute before the Court was as to whether the candidate should be selected taking into consideration the date of advertisement of the post, or if any circular has been issued by the Government thereafter, whether effect of circular would have affect the selection, the Supreme Court ruled that the candidate will be selected as per original advertisement. Therefore, this judgment is of no help to the appellant.