CWP 8939/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 8939/2009 Ayuub Ali Ansari Vs. State of Rajasthan & ors. DATE OF ORDER : 17/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. RP Saini, for petitioner. Mr. NA Naqvi, AAG, for respondents *** The petitioner had participated in the selection process initiated by the respondents for the post of Prabodhak included in the Schedule appended to the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008 vide advertisement dt. 31/05/2008. As alleged in the petition, the petitioner fulfills the eligibility condition as laid down under the advertisement but so far as teaching experience certificate of his working as Shiksha Sahayogi from Madarsa Anjuman Public School, is concerned, the same was directly send to the respondent by the concerned Madarsa but when it could not be traceable, the petitioner obtained a duplicate copy on 12/05/2009 and furnished the same to the respondents but it was not taken note of by the respondents on the premise that it was not enclosed by the petitioner along with the application form while submitting application in CWP 8939/09 [2] pursuance to the advertisement dt. 31/05/2009. The teaching certificate of Shiksha Sahayogi has been placed on record as Anx. 2 dt. 12/05/2009 discloses experience of five years 4 months and 17 days issued under the signature of Block Education Officer, Primary Education, Keshoraipatan (Bundi) which makes the petitioner eligible so far as the teaching experience required under the Rules is concerned. Counsel for respondents submits that if certificate was not enclosed by him of teaching experience while submitting application, he certainly cannot be considered to be ineligible in terms of the advertisement. It appears from the certificate placed by him on record which is a duplicate copy of the certificate earlier issued and there was no justification available for the petitioner to withhold the experience certificate issued to him by the authority. Accordingly, the writ petition is allowed. The petitioner is directed to furnish copy of the teaching experience certificate dt. 12/05/2009 along with representation in the office of the respondents and on its furnishing, the respondents are directed to take note of the certificate of the petitioner Anx.2 dt. CWP 8939/09 [3] 12/05/2009 and consider his candidature and if found to be finally suitable, consider him for appointment on the post of Prabodhak under the advertisement dt. 31/05/2009 within a period of three months. However, if he is not found suitable for any other reason, he may be informed by passing speaking order assigning reasons with regard to his unsuitability. [AJAY RASTOGI], J. Raghu-8939-CW-2009-final.doc CWP 8939/09 [4]