CWP 6441/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.6441/2006 Jitendra K. Sharma Versus State & (2) Ors Date of Order ::: 26/11//08 Hon'ble Mr. Justice Ajay Rastogi Mr. Ram Pratap Saini, for petitioner Mr. SN Kumawat for respondent PSC Mr. JK Agrawal, Addl. Govt. Adv., for State By way of instant petition, petitioner has challenged his fair consideration for the post of Primary & Upper Primary School Teacher in pursuance of advertisement dt.02/06/04 (Ann.1). As per merit list published by respondent PSC, cut off marks was 134 and petitioner also secured 134 marks but the order of merit of those who have secured common cut off marks (134) was prepared based on their date of birth which was 13/10/70 in case of petitioner while date of birth of last person who secured 134 cut off marks & selected is 16/06/70 and it has been informed by respondent's Counsel (PSC) that in between last person selected who was recommended for appointment and petitioner there are seven more candidates who were higher in order of merit than him who could not have been recommended because of non-availability of vacancies in general (male). In view of the statement brought on record, no relief can be granted to the petitioner in the facts of instant case. Consequently, writ petition stands dismissed as having become infructuous. No costs. (Ajay Rastogi), J. K.Khatri/p.1/6441CW06-2611.doc