CW 3495/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3495/07 Mohan Singh Versus State & Anr. DATE OF ORDER : 09/09/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mrs. Manju Sharma, for petitioner Mr. S.N. Kumawat, for RPSC *** Instant petition has been filed seeking direction against the respondents to consider candidature of petitioner for appointment on the post of Teacher Gr.III on the basis of his participation in the selection process initiated in pursuance of advertisement dt.30th October, 2006. Post of Primary & Upper Primary Teacher was advertised by the respondents vide advertisement dt.30th October, 2006. The last date of submission of application form was 16th December, 2006. The written examination was held on 25th February, 2007 and the result was declared on 16th March, 2007. Petitioner appeared in the written examination against the vacancy reserved for OBC and obtained 79.33 marks out of 200 as is evident from list of selected candidates published by the respondents in daily newspaper dt.24th April, 2007 [Ann.3]. In terms of advertisement Senior Secondary with ETTC/BSTC/B.Ed. is the minimum CW 3495/07 [2] qualification for the post of Primary & Upper Primary School Teacher under the Rules, 1996. However, under the advertisement candidates who have filled application form were granted relaxation to submit their mark sheet of academic qualification upto the date they appeared in the written examination which in the instant case was 25th February, 2007. So far as present petitioner is concerned, he did first year diploma course of ETTC/BSTC from Jammu & Kashmir, Board of School Education and while he was pursuing his final year training course, its examination was held in the month of May, 2007 and the result was declared on 14th August, 2007. Counsel for petitioner submits that since the petitioner has now been finally selected and even if he could not furnish his certificate of academic qualification on the date of written examination which was 25th February, 2007. Atleast in the change circumstances when he has now been finally selected, may be considered for appointment on the basis of his participation in pursuance of advertisement dt.30th October, 2006. This fact has not been disputed that petitioner has been finally selected and CW 3495/07 [3] qualified the written examination, but question arises that as per the condition of advertisement the applicant was supposed to hold the academic qualification on the date he appeared in the written examination. Undisputedly, the petitioner even appeared in the examination in the Month of May, 2007 certainly could not have been considered to be eligible in terms of scheme of rules and so also as per conditions of advertisement dt.30th October, 2006. In opinion of this court, even if petitioner finally selected it was always on provisional basis and no right could be conferred, particularly, when he was not holding eligibility upto the date he appeared in the written examination which was 25th February, 2007 certainly cannot be considered to be eligible in terms of advertisement dt.30/10/06. Consequently, this court finds no force in the writ petition, the same stands dismissed. [AJAY RASTOGI], J. FRBOHRA3495CW07 9-9.doc